15.0 - Penalties and Sentences
Where a defendant pleads guilty, or is found guilty of an offence, the Penalties and Sentences Act 1992 (Qld) asserts that the Magistrate can select from the following sentencing options:
- Conviction and no further punishment; and/or
- Monetary fine; and/or
- Restitution, Compensation or Restoration; and/or
- Recognisance; and/or
- Probation; and/or
- Community service; and/or
- Intensive correction order; and/or
- Imprisonment as a last resort, including a wholly or partially suspended sentence.
For any defendant the passage through our criminal justice system is a maze to navigate. This process is even more complex and emotive for those that suffer from a mental illness and/or an intellectual impairment.
The lack of appropriate penalties and sentences conducive to people that suffer from such disabilities invariably means that disabled defendants are at far greater risk of breaching requirements under particular sentence options, and are consequently fast tracked towards custodial penalties as a result.
It is therefore critical, that when appearing at a sentence hearing on behalf of a person with a disability, lawyers should be capable of stating to the Court - the general nature of the defendant's disability and how that disability specifically affects the person.
* Lawyers must be aware of the assistance that advocates and social workers can contribute to a client's submissions in mitigation of sentence. Social advocates can put support services in place for a defendant, and, thus demonstrate a willingness on the part of the defendant to make improvements to their behaviour, which may also assist in demonstrating a level of remorse.
