In recent years, Queensland parliament has introduced numerous new mandatory sentencing regimes which effectively limit the discretion of the judiciary to impose a sentence that is fair and just in the circumstances.

In particular, the following mandatory sentencing regimes have the potential to result in sentences that do not adequately take into account the circumstances of offending, and are regularly used in Queensland.

Trafficking Dangerous Drugs

A mandatory sentencing rule for an offence of trafficking in dangerous drugs, which has been in force since late 2013, provides that if a Court imposes a period of imprisonment for an offence of trafficking in dangerous drugs, that “the Court must make an order that the person must not be released from imprisonment until the person has served a minimum of 80% of the prisoner’s term of imprisonment”.

Given the serious nature of a trafficking in dangerous drugs charge, these charges almost always result in a period of imprisonment. The courts have no discretion to impose a parole release date that is less than 80% of the offender’s head sentence.  Therefore, this rule effectively limits the Court’s discretion to formulate a sentence that takes into account the particular circumstances of the offender and can lead to a sentence that is excessive and unjust.

These provisions, combined with the amendments contained in the Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Act 2013, are of great concern to those in the legal profession.

Essentially, these provisions provide that if there is a reasonable suspicion that a person has committed a serious crime and that any of the person’s property or wealth was not required by legitimate means, that the Court must make an order forfeiting this property to the State.

Essentially, an accused person charged with trafficking dangerous drugs now bears the onus of showing that their property and funds have been obtained lawfully.

Interestingly, this can also includes gifts given to other persons in the previous six years of the offence date.

Failing To Stop A Motor Vehicle

The offence of failing to stop a motor vehicle, which is contained in s 754 of the Police Powers and Responsibilities Act 2000 (Qld), provides that the minimum mandatory penalty for failing to stop a motor vehicle directed to do so by a police vehicle is 50 days imprisonment served wholly in a correctional facility or 50 penalty units (currently a fine of $5,500).

This section does not allow for judicial discretion when sentencing, and does not take into account the offender’s reasons for failing to stop.

In addition to this penalty, the offender’s licence must be disqualified for a minimum of two years.

A major issue with this legislation is that police vehicles also include unmarked police vehicles, and failing to stop for an unmarked vehicle can therefore mean a person can be liable for a mandatory period of imprisonment.

Weapons Act Reforms

Reforms to s50 of the Weapons Act 1990 (Qld) now also require minimum mandatory sentences be imposed by Courts if a person is found to have unlawfully possessed a weapon.  Depending upon the type of weapon and whether it was used in connection with the commission of an offence, the Court must impose a minimum penalty of 18 months to 6 months served wholly in a correctional centre.  Once again, this limits the Court’s discretion to impose a penalty that takes into account all of the circumstances of the offending.

How We Can Help

If you or someone you know has been charged with any of the above offences, we recommend you seek legal advice from our expert criminal lawyers.

Our team have assisted countless clients to defend charges and have the expertise and experience required to get you the best possible outcome.

Contact Us

Get the best representation. Contact Ryan Murdoch O’Regan Lawyers on 1800 999 529, email mail@rmold.newwebsite.live, or submit an enquiry below.

We are available to meet with you at any of our local offices (Brisbane, Gold Coast, Beenleigh, Cleveland and Jimboomba) or by telephone or video-conference.

This article is for your information and interest only. It is not intended to be comprehensive, and it does not constitute and must not be relied on as legal advice. You must seek specific advice tailored to your circumstances.