Latest updates to the Queensland Sentencing Manual
Sentencing for offences not admitted
R v HCL [2023] QCA 68 demonstrates once again the difficulties that can confront a sentencing judge in complying with the principle emanating from R v De Simoni (1981) 147 CLR 383; [1981] HCA 31 at 389 (CLR) per Gibbs J (as his Honour then was) applied in Queensland in cases such as R v D [1996] 1 Qd R 363; even when more extensive offending is apparently admitted in the agreed statement of facts. See [14.500].
Child may be declared "serious repeat offender"
By the commencement of the Strengthening Community Safety Act 2023 (Qld) on 22 March 2023, a court may, on the application of the prosecutor, in relation to certain defined prescribed indictable offences, declare a child to be a “serious repeat offender” with significant implications for the structure of sentences and time served. See [15.1005].
Taking into account other offences
R v Stiller [2023] QCA 51 involved the application of s 16BA of the Crimes Act 1914 (Cth) where as a result of the primary judge taking into account two other counts of using a carriage service to access child abuse material, the period of offending contemplated by the one similar charge to which the applicant had pleaded guilty, was extended from 7 months to over 6 years. See [14.640].
A detailed summary of this release is available at [S23.20].
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.