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When Queensland courts sentence offenders, they generally have a wide discretion as to the sentencing orders they make. Court assess the appropriate penalty based on the objective seriousness of the offence and the surrounding circumstances including the person’s prior criminal history. However, some offences in Queensland carry mandatory sentences. These are minimum sentences that courts must impose regardless of the individual situation. This page deals with mandatory sentencing in Queensland. Rationale for mandatory sentencing Many Australian jurisdictions have mandatory sentencing provisions. These provisions are designed to ensure that serious offending is dealt with in a way that will be regarded… Read More
The minimum age of criminal liability is the youngest age at which a person can be charged with a criminal offence. In Queensland, the age of criminal liability is currently 10. However, the Queensland government has given its ‘in principle’ support to raising the age of criminal liability to 12. This page deals with the age of criminal liability in Queensland. Legislation on the age of criminal liability Under section 29 of the Criminal Code Act 1899, a person under 10 is not criminally responsible for any act or omission in Queensland. A person under 14 is not criminally… Read More