Latest updates to the Queensland Sentencing Manual
Governing principles – Penalties and Sentences Act 1992 – Totality where cumulative sentences imposed
The proper approach to totality considerations where a young offender commits serious trafficking and violent offending, by reference to Azzopardi v The Queen [2011] VSCA 372; (2011) 35 VR 43; 219 A Crim R 369: R v Liu [2024] QCA 58 at [21], [24], [35] and [39]. See [9.160].
Factors personal to the offender – Youthful offenders
In a recent decision, Crowley J referred to the oft-cited passage from Lahey v Sanderson [1959] Tas SR 17, to explain the “compelling rationales for the leniency that is to be extended to youthful, first-time offenders”: R v ZC [2024] QCA 89 at [47]-[48]. See [10.130].
Sentencing Options –Imprisonment (adults) – Cumulative sentences – Effect of imprisonment on parole
Sentencing for offending considering any “contingent liability” under ss 209 and 211 of the Corrective Services Act 2006 (Qld): R v Brutton [2024] QSC 24 at [27]-[31] per Bowskill CJ. See [15.550].
Plea of guilty – Unaccepted plea of guilty
Relevance to the exercise of the sentencing discretion of an offer to plead guilty to which an offender is convicted by a jury: R v Gordon [2024] QCA 16 at [27]. See [12.60].
A detailed summary of this release will shortly be available at [S24.20].
The Queensland Sentencing Manual is a practical resource designed for those involved with sentencing and criminal law in Queensland. Currently authored by Matt Jackson, a Barrister and Queensland Sentencing Advisory Council Member, 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.
Matt Jackson is a Barrister at 8 Petrie Terrace Chambers and a current member of the Queensland Sentencing Advisory Council. His primary practice area is criminal law and he regularly appears in the Court of Appeal in respect of conviction and sentence appeals. He completed a Master of Law which considered the relevance of Aboriginality under the Penalties and Sentences Act 1992 (Qld).