Queensland Consolidated Acts Queensland Consolidated Acts(1) The only purposes for which sentences may be imposed on an offender are--
(a) to punish the offender to an extent or in a way that is just in all the circumstances; or
(b) to provide conditions in the court's order that the court considers will help the offender to be rehabilitated; or
(c) to deter the offender or other persons from committing the same or a similar offence; or
(d) to make it clear that the community, acting through the court, denounces the sort of conduct in which the offender was involved; or
(e) to protect the Queensland community from the offender; or
(f) a combination of 2 or more of the purposes mentioned in paragraphs (a) to (e).
(2) In sentencing an offender, a court must have regard to--
(a) principles that--
(i) a sentence of imprisonment should only be imposed as a last resort; and
(ii) a sentence that allows the offender to stay in the community is preferable; and
(b) the maximum and any minimum penalty prescribed for the offence; and
(c) the nature of the offence and how serious the offence was, including--
(i) any physical or emotional harm done to a victim; and
(ii) the effect of the offence on any child under 16 years who may have been directly exposed to, or a witness to, the offence; and
(d) the extent to which the offender is to blame for the offence; and
(e) any damage, injury or loss caused by the offender; and
(f) the offender's character, age and intellectual capacity; and
(g) the presence of any aggravating or mitigating factor concerning the offender; and
(h) the prevalence of the offence; and
(i) how much assistance the offender gave to law enforcement agencies in the investigation of the offence or other offences; and
(j) time spent in custody by the offender for the offence before being sentenced; and
(k) sentences imposed on, and served by, the offender in another State or a Territory for an offence committed at, or about the same time, as the offence with which the court is dealing; and
(l) sentences already imposed on the offender that have not been served; and
(m) sentences that the offender is liable to serve because of the revocation of orders made under this or another Act for contraventions of conditions by the offender; and
(n) if the offender is the subject of a community based order--the offender's compliance with the order as disclosed in an oral or written report given by an authorised corrective services officer; and
(o) if the offender is on bail and is required under the offender's undertaking to attend a rehabilitation, treatment or other intervention program or course--the offender's successful completion of the program or course; and
(p) if the offender is an Aboriginal or Torres Strait Islander person--any submissions made by a representative of the community justice group in the offender's community that are relevant to sentencing the offender, including, for example--
(i) the offender's relationship to the offender's community; or
(ii) any cultural considerations; or
(iii) any considerations relating to programs and services established for offenders in which the community justice group participates; and
(q) anything else prescribed by this Act to which the court must have regard; and
(r) any other relevant circumstance.
(3) However, the principles mentioned in subsection (2)(a) do not apply to the sentencing of an offender for any offence--
(a) that involved the use of, or counselling or procuring the use of, or attempting or conspiring to use, violence against another person; or
(b) that resulted in physical harm to another person.
(4) In sentencing an offender to whom subsection (3) applies, the court must have regard primarily to the following--
(a) the risk of physical harm to any members of the community if a custodial sentence were not imposed;
(b) the need to protect any members of the community from that risk;
(c) the personal circumstances of any victim of the offence;
(d) the circumstances of the offence, including the death of or any injury to a member of the public or any loss or damage resulting from the offence;
(e) the nature or extent of the violence used, or intended to be used, in the commission of the offence;
(f) any disregard by the offender for the interests of public safety;
(g) the past record of the offender, including any attempted rehabilitation and the number of previous offences of any type committed;
(h) the antecedents, age and character of the offender;
(i) any remorse or lack of remorse of the offender;
(j) any medical, psychiatric, prison or other relevant report in relation to the offender;
(k) anything else about the safety of members of the community that the sentencing court considers relevant.
(5) Also, the principles mentioned in subsection (2)(a) do not apply to the sentencing of an offender for any offence of a sexual nature committed in relation to a child under 16 years.
(6) In sentencing an offender to whom subsection (5) applies, the court must have regard primarily to--
(a) the effect of the offence on the child; and
(b) the age of the child; and
(c) the nature of the offence, including, for example, any physical harm or the threat of physical harm to the child or another; and
(d) the need to protect the child, or other children, from the risk of the offender reoffending; and
(e) the need to deter similar behaviour by other offenders to protect children; and
(f) the prospects of rehabilitation including the availability of any medical or psychiatric treatment to cause the offender to behave in a way acceptable to the community; and
(g) the offender's antecedents, age and character; and
(h) any remorse or lack of remorse of the offender; and
(i) any medical, psychiatric, prison or other relevant report relating to the offender; and
(j) anything else about the safety of children under 16 the sentencing court considers relevant.
(6A) Also, the principles mentioned in subsection (2)(a) do not apply to the sentencing of an offender for the following offences--
(a) an offence against the Classification of Computer Games and Images Act 1995, section 28 if the objectionable computer game is a child abuse computer game under the Act;
(b) an offence against any of the following provisions of the Classification of Films Act 1991--
(i) section 41(3) or 42(3) or (4);
(ii) section 43, if the offence involves a child abuse film under the Act;
(c) an offence against any of the following provisions of the Classification of Publications Act 1991--
(i) section 14;
(ii) section 12, 13, 15, 16 or 17 if the offence involves a child abuse publication or child abuse photograph under the Act;
(d) an offence against the Criminal Code, section 228A, 228B, 228C or 228D.
(6B) In sentencing an offender to whom subsection (6A) applies, the court must have regard primarily to--
(a) the nature of any image of a child that the offence involved, including the apparent age of the child and the activity shown; and
(b) the need to deter similar behaviour by other offenders to protect children; and
(c) the prospects of rehabilitation including the availability of any medical or psychiatric treatment to cause the offender to behave in a way acceptable to the community; and
(d) the offender's antecedents, age and character; and
(e) any remorse or lack of remorse of the offender; and
(f) any medical, psychiatric, prison or other relevant report relating to the offender; and
(g) anything else about the safety of children under 16 the sentencing court considers relevant.
(7) If required by the court for subsection (2)(p), the representative must advise the court whether--
(a) any member of the community justice group that is responsible for the submission is related to the offender or the victim; or
(b) there are any circumstances that give rise to a conflict of interest between any member of the community justice group that is responsible for the submission and the offender or victim.