09 Apr What Types of Penalties Can be Imposed in Qld?

In Queensland, the range of penalties that can be imposed is as varied as the offences themselves. From fines and community service to imprisonment, the legal system in our state seeks to balance the scales of justice while upholding the rights of every individual. However, the complexity of these penalties and the factors that influence them often require a nuanced understanding of the law—a level of insight that only experienced legal professionals can provide.

In this article, we will explore the different types of penalties that can be imposed in Queensland, shedding light on how the courts determine appropriate sentencing and what options may be available for mitigating these outcomes. Whether you’re seeking information for yourself or someone you care about, we hope this guide will serve as a valuable resource in navigating the often-intimidating landscape of criminal law.

When deciding on the most appropriate sentence, the court must balance many variables, such as:

• The seriousness of the offending;
• The effect of the offending on the victim and/or community;
• The offender’s involvement in the crime;
• The offender’s subjective circumstances;
• The offender’s criminal history (or lack thereof);
• The impact of a conviction upon the offender’s economic or social wellbeing;
• The impact of a conviction upon the offender’s prospects of employment;
• Whether the offender has undertaken any form of rehabilitation, such as counselling or courses;
• The sentencing submissions by the prosecution and defence lawyers;
• The laws which govern the types of penalties available; and/or
• Sentences given in similar cases.

Upon careful consideration of the above, the court will proceed to sentence the offender to one of the following penalties.

Non-Custodial Sentences

• Absolute release: This is a release without conviction or any further penalty.
• Good behaviour bond: This is a promise made by the offender to be of good behaviour for a period of time, which may include other conditions. If this bond is breached, the offender may be re-sentenced by the court. A good behaviour bond can be imposed with or without a conviction.
• Restitution or compensation order: This is an order for an offender to pay money to the victim for any damage caused by the offending conduct. For example, this might include damage to a door or window, or to the victim themselves. This order will usually specify the amount of money which must be paid, a deadline for payment, and the way in which the payment is to be made and to whom. If the order is not complied with, the offender may be sued by the victim, or sent to jail for a nominated period of time. A restitution or compensation order can be imposed with or without a conviction.
• Probation: This form of penalty is like a good behaviour bond but includes supervision by a community corrections officer for a period of up to three years and can involve drug and alcohol counselling or testing. If an offender fails to comply with a probation order, they can be charged with breaching the order and re-sentenced for the original offence. A probation order can be imposed with or without a conviction.
• Fine: This form of penalty can be imposed on its own, or in combination with other orders. The court will determine the amount to be paid and the deadline by which the payment must be made. If payment is not made in time, the court will refer the fine to the State Penalties and Enforcement Register, who can enforce payment through a variety of ways including an instalment plan, a fine option order which allows community service in lieu of paying the fine, seizure and selling of an offender’s vehicle, direct payments from an offender’s wage or bank account, or even imprisonment. The court can impose a fine with or without recording a conviction.
• Community service order: This is unpaid work that is completed under the direction of a community corrections officer. Typically, an offender is given 12 months to complete their set hours, which can range from 40 to 240 hours. The court can impose a community service order with or without recording a conviction.

Custodial Sentences

• Imprisonment: If the offending is serious, the court can sentence an offender to full-time custody. When an offender is sentenced to a term of three years or less, the court will nominate the date they must be released on parole. If the sentence is longer than three years, the court will nominate an eligible release date. The Parole Board will then decide whether to release the offender. If an offender is sentenced to a period of one year or less, the court may order that upon the offender’s release they be subject to a probation order of between nine months and three years. A conviction must be recorded for a period of full-time imprisonment.
• Intensive correction order (‘ICO’): This is a period of imprisonment, which is served by the offender in the community whilst subject to supervision by a community corrections officer. An ICO is only available for sentences of one year or less. Other conditions such as engaging in rehabilitation, undertaking drug and alcohol testing, or community service can be included as part of an ICO. If an offender fails to comply with the ICO, it can be revoked, and the offender will likely serve the term of ICO in a custodial setting. A conviction must be recorded for an ICO.
• Suspended sentence: If the court sentences an offender to imprisonment for a period of five years or less, the court may suspend some, or all, of the sentence. If an offender breaches a suspended sentence, they can be ordered to serve the period of imprisonment in a custodial setting. A conviction must be recorded for a suspended sentence.

At FEDOROV Family Lawyers, we understand that facing criminal charges can be one of the most daunting experiences in a person’s life. The consequences of a conviction can have far-reaching implications, not only for the offender but also for their families and futures. Understanding the potential penalties for different offences is a critical step in preparing an effective defence and ensuring that you or your loved ones are fully aware of what lies ahead. Contact us today to find out how we can help you.