Imprisonment is a Last Resort
Under the common law, imprisonment is generally a last resort. This was also the case in Queensland until the Newman Government removed the principle. It was again reinstated under the subsequent Labour government. It appears in s 9(2)(a) PSA: which states that (i) imprisonment is a last resort; and (b) a sentence that allows the offender to stay in the community is preferable. However, this is not the case for:
- offences of violence or offences that cause physical harm to another (s 9(2A)); or
- offences of a sexual nature committed in relation to a child under 16 years (s 9(4)(a); or
- child pornography-type offences as described in s 9(6A).