Latest updates to the Queensland Sentencing Manual
Particular Offences – Commonwealth offences – Defrauding the Commonwealth – Sexual offences committed against children outside Australia
Sentencing for serious depraved sexual offending against children in other countries, by directing the offending using a carriage service, including live-streaming: R v Schulz [2023] QCA 150. See [16.171].
Factors Personal to the Offender – Relevance of “quasi-custody” in in-house rehabilitation clinics
Relevance to the exercise of the sentencing discretion to periods in in-house rehabilitation clinics, described in R v Delaney (2003) 59 NSWLR 1; [2003] NSWCCA 342 at [22] as “”quasi-custody”: R v Staines (2022) 11 QR 872; [2022] QCA 187. See [10.387].
Victims of Crime – As part of the sentencing process – Victim impact statements
R v Abdullah [2023] QCA 189 discusses the proper approach to harm to victims in the sentencing process, including the use of victim impact statements, by reference to s 9(2)(c)(i) and s 179K of the Penalties and Sentences Act 1992 (Qld). See [19.80].
Sentencing Options – General – Detention (juveniles) – Detention is a sentence of last resort
A concise summary of the principles applicable when sentencing a child pursuant to the provisions of the Youth Justice Act 1992 (Qld) : R v SDW [2022] QCA 241; (2022) 12 QR 479 at [16] – [17]. See [15.1010].
A detailed summary of this release will shortly be available at [S24.10].
The Queensland Sentencing Manual is a practical resource designed for those involved with sentencing and criminal law in Queensland. Authored by John Robertson, a former Judge of the District Court of Queensland and current Chair of the Queensland Sentencing Advisory Council, the service offers: a guide to the Penalties and Sentences Act 1992 (Qld) as well as commentary on sentencing orders for juveniles, governing principles of sentencing, factors personal to the offender, plea of guilty, recording a conviction, sentencing hearings and appeals.
The Criminal Law Practice Area on Westlaw has many services that are designed to complement each other to provide the breadth of coverage of a single compendium but with the in-depth analysis that specific focus areas will allow. In addition, the Alert and the reports series will also enable practitioners to keep up to date with pertinent caselaw. When taken in its entirety, the Criminal Law Practice Area will furnish subscribers with a full picture of Criminal Law in the respective jurisdictions without the necessary restrictions of single services. The Criminal Law Noticeboard is specifically geared for specialists in the area and will deliver news items of interest and significance written and curated by in-house editors. To subscribe to the Criminal Law Practice Area on Westlaw, contact Thomson Reuters.
John Robertson was admitted as a solicitor in 1973 and formed his own firm in 1978, which ultimately became Robertson O’Gorman. He was Deputy President of the Queensland Community Corrections Board from 1991-1994. In 1994, he was appointed as a District Court Judge. He served in Ipswich, Brisbane, and, for the last 16 years leading to retirement in 2018, at Maroochydore. He was a Judge of the Childrens Court of Queensland for his whole judicial career and President of that Court from 1999-2001. Throughout his career, he has written and lectured extensively on issues relating to sentencing and the criminal law, including restorative justice, sentencing law, advocacy and the criminal law and the media. He is the author of the Queensland Sentencing Manual which was first published in 1999. He is presently the Chair of the Queensland Sentencing Advisory Council and a part-time judicial member in the Misconduct Division of the Queensland Civil and Administrative Tribunal.