Latest updates to the Queensland Sentencing Manual
Sentencing and Part 9D Serious and organised crime
More cases are being decided in the Court of Appeal dealing with the difficulties associated with Part 9D of the Penalties and Sentences Act 1992 (Qld) (serious and organised crime). R v Pain [2022] QCA 233 is a recent example of the difficulties facing sentencing judges in applying these complex provisions, as is R v Hermansson [2022] QCA 243 which indicates the rigidity of mandatory sentencing provisions such as s 161R of the Act. See [15.811].
R v BDW [2022] QCA 197 dealt with the proper construction of “significant” in s 161S(2)(b) and the high bar facing offenders who are convicted of offences covered by this scheme. The decision also contains useful guidance as to the interaction of ss 13A and 13B when these are said to come into play in sentencing for such offences. See [10.347].
General deterrence as relevant factor where the applicant pleaded guilty to dangerously operating a vehicle
In R v Turner [2022] QCA 175, the Court re-emphasised the importance of general deterrence (s 9(1)(c)) in cases in which people are convicted of dangerous operation of a motor vehicle causing death and/or grievous bodily harm. See [16.570].
Where sentencing judge erred in framing the sentence with reference to the maximum penalty
R v WBT [2022] QCA 215 involved the application of s 9(1)(b) of the Drugs Misuse Act 1986 (Qld) where the primary judge had found that at the time of the offending (aggravated possession of a Schedule 1 drug) the applicant was drug dependent, and yet proceeded incorrectly on the basis that the maximum penalty was 25 years and not 20 years. See [9.75] and [16.1675].
For a detailed summary of this release, please refer to [S23.10].
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.
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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.