If you plead or are found guilty, the Court will then proceed to the sentencing phase of the criminal justice process.
This is where argument is heard from defence and prosecution and the Court determines the sentence you will receive. A skilled criminal lawyer can ensure that you receive proper consideration under the law and that any sentence imposed is in proportion to the crime and as lenient as possible.
In representing you at sentence, we may be able to convince the Court to:
If you plead or are found guilty, the Court will then proceed to the sentencing phase of the criminal justice process. This is where argument is heard from defence and prosecution and the Court determines the sentence you will receive. A skilled criminal lawyer can ensure that you receive proper consideration under the law and that any sentence imposed is in proportion to the crime and as lenient as possible.
In representing you at sentence, we may be able to convince the Court to:
Non-custodial sentences are penalties that don’t include prison. Some of these sentence options can be added together by the Court.
ABSOLUTE RELEASE – Release without a recorded conviction or any further penalty.
GOOD BEHAVIOUR BONDS – A promise of good behaviour for a set period, which may include a surety (agreement to pay an amount of money if you breach) and other conditions.
RESTITUTION OR COMPENSATION ORDER – An order for you to pay for property you’ve taken or damaged, or to compensate someone for an injury.
NON-CONTACT OR BANNING ORDER – A ban on you contacting the victim of the offence or another person, or from going to particular places (such as licenced premises) for a set time.
FINE – An order to pay a fine as punishment for the offence. The amount depends on the type of offence and matters relevant to you.
If you can’t pay the fine (in lump sum or by instalments), you can apply to change it to unpaid community service.
COMMUNITY SERVICE ORDER – An order for you to do unpaid community service and comply with reporting and other conditions.
PROBATION – An order allowing you to remain in the community and report regularly to a probation officer.
A custodial sentence means a sentence of imprisonment (but doesn’t necessarily mean you actually go to jail).
IMPRISONMENT
Often means actual time in prison. The maximum prison term depends on the offence and the length of the term depends on many different considerations. Depending on the offence, the Court can also set a parole eligibility or release date. Often a Court set release date or parole eligibility order will be of great importance to you as it will have real significance on real time behind bars. If sentenced to imprisonment but the Court accepts defence argument for immediate parole, you will not serve any actual jail time (unless you breach your parole).
SUSPENDED SENTENCE OF IMPRISONMENT
The Court may suspend all, or part, of your jail sentence for a set period. Essentially, it allows you to serve all (or part) of your jail sentence at home but with there being serious repercussions for re-offending. If you commit another offence punishable by jail while you are on a suspended sentence, you may then serve the original suspended jail time plus the sentence for the new offence.
INTENSIVE CORRECTION ORDER
A prison sentence of 1 year or less served in the community under intensive supervision. You are required to report to a supervisor regularly, attend rehabilitation programs and counselling, and perform community service.
INDEFINITE PRISON SENTENCE
A sentence for an indefinite period – usually for very serious, violent offences and sexual offences. The Court may impose this sentence if it believes you are a danger to the community because of your history, character, age, health or mental condition; the severity of the offence; and any other circumstances it finds relevant.
The Drug Court also has the option to order intensive drug rehabilitation instead of time in prison. To be eligible, you must plead guilty and have no outstanding charges for sexual offences or offences involving physical violence. This order involves a suspended prison sentence of up to 4 years, with accompanying conditions and a rehabilitation program.
When the rehabilitation program ends, the Court must reconsider the initial sentence, discontinue the current order and impose a final sentence. If you have successfully completed the order you will normally avoid actual jail time.
There is real skill and knowledge involved in presenting sentencing submissions to the Court in an understandable, persuasive, and successful manner. Time is often required to gather reports and letters of support along with preparing submissions and relevant case law, so acting early is strongly advised.
In some areas of concern the government has introduced special laws to target a particular type of crime and this may make bring other factors into relevance in the sentencing process.
In Queensland, violent offences are subject to stricter sentencing principles than many other types of offences.
The following sentencing philosophies (which apply to most offences) do not apply for violent offences:
When sentencing for violent offences the Court will have primary regard to the following matters:
Some particularly serious offences can lead to a “Serious violent offence” declaration. Depending on the level of seriousness of the offence, these orders can either be mandatory or discretionary (i.e. the Court “must” or “may”) make the declaration. If the Court makes such a declaration, it must impose a sentence of imprisonment and the sentence must not allow release from prison before 80% of the term of imprisonment, or 15 years (whichever is lesser), has been served. Rawlings Criminal Law is often able to assist in these precarious situations through either charge negotiation (see above) or argument in sentencing.
Sentencing laws require the Court to treat the fact that the offence is a domestic violence offence as an aggravating factor (making the punishment worse) when deciding the appropriate sentence (unless there are exceptional circumstances not to do so).
It should also be borne in mind that choking offences are indictable only (meaning that they are considered too serious for the Magistrate’s Court and must proceed in the District Court).
This general category of offences covers a wide range of criminal conduct, including:
Sexual offences are treated particularly seriously under Queensland law and they all attract a maximum penalty of imprisonment. Indeed, the most serious of these offences carry a maximum penalty of life imprisonment. Conviction on many such offences means automatic inclusion on a Sexual Offenders Register which requires, among other things, the person to keep police notified of their address, workplace, vehicle, internet connections, tattoos, interaction with children, and travel intentions.
Some sexual offences can lead to a “Serious violent offence” declaration. Depending on the level of seriousness of the offence, these orders can either be mandatory or discretionary (i.e. the Court “must” or “may”) make the declaration. If the Court makes such a declaration, it must impose a sentence of imprisonment and the sentence must not allow release from prison before 80% of the term of imprisonment, or 15 years (whichever is lesser), has been served. Rawlings Criminal Law is often able to assist in these precarious situations through either charge negotiation (see above) or argument in sentencing.
If you have been charged with a sexual offence it is imperative that you obtain expert legal advice as soon as possible.