Fines
A fine is a monetary order paid to the State. It has been said to be the ideal penal measure because of:
—The relative ease of adjustment to reflect sentencing principles.
—The flexibility and immediacy of application.
—The comparative lack of supervision and resulting expense.
A fine is punitive - a fine must sting. Note discussion by Kirby J: ‘deep rooted and understandable feeling that the amount of a financial penalty should, to some extent be related to the moral wickedness’ of the offence (Smith v The Queen (1991) 25 NSWLR 1 at 21.
Consider however the principle of equal impact and contrast this with principles of proportionality, consistency and parity. Note also the argument that fines may be problematic in achieving specific deterrence.
The Mechanics
Convictions are discretionary (s44 Penalties and Sentences Act (Qld) 1992). Fines can be additional to/instead of other orders. In working out what fines would be appropriate note maximum penalty units for offence or otherwise see limitations in s46. The amount of a penalty unit is specified in s5. The court must take into account the accused's capacity to pay (s48(1)). Note that restitution and compensation take precedence over fines: s48(4). Fines can be paid over time if time allowed in the order (s50-51). Default periods of imprisonment can be attached to the order (s182A) as long as less than14 days per penalty unit.
Fine Option Orders
An offender may apply for a Fine Option Order (s 53) to convert the fine to Community Service (must be no more than 5 hours per penalty unit (s69(2)).
To do so the court must be satisfied that the offender has no capacity to pay/would suffer economic hardship if required to pay the fine and must be satisfied to the offender's suitability for community service (s57(1)).
—The relative ease of adjustment to reflect sentencing principles.
—The flexibility and immediacy of application.
—The comparative lack of supervision and resulting expense.
A fine is punitive - a fine must sting. Note discussion by Kirby J: ‘deep rooted and understandable feeling that the amount of a financial penalty should, to some extent be related to the moral wickedness’ of the offence (Smith v The Queen (1991) 25 NSWLR 1 at 21.
Consider however the principle of equal impact and contrast this with principles of proportionality, consistency and parity. Note also the argument that fines may be problematic in achieving specific deterrence.
The Mechanics
Convictions are discretionary (s44 Penalties and Sentences Act (Qld) 1992). Fines can be additional to/instead of other orders. In working out what fines would be appropriate note maximum penalty units for offence or otherwise see limitations in s46. The amount of a penalty unit is specified in s5. The court must take into account the accused's capacity to pay (s48(1)). Note that restitution and compensation take precedence over fines: s48(4). Fines can be paid over time if time allowed in the order (s50-51). Default periods of imprisonment can be attached to the order (s182A) as long as less than14 days per penalty unit.
Fine Option Orders
An offender may apply for a Fine Option Order (s 53) to convert the fine to Community Service (must be no more than 5 hours per penalty unit (s69(2)).
To do so the court must be satisfied that the offender has no capacity to pay/would suffer economic hardship if required to pay the fine and must be satisfied to the offender's suitability for community service (s57(1)).
Reparative Orders
These are ancillary orders as their purpose is non-punitive and they are usually made in conjunction with other orders (s35(2)). Convictions are discretionary when these orders are made (s 34). The aim of these orders is to make amends to victims. They are prioritised over punitive monetary orders (s 14). The Court may order default periods of imprisonment (ss 36(2) & 37).
Types:
—Restitution: the return or redelivery of particular property (usually where something has been stolen).
—Compensation: requires the offender to pay for any loss or damage (often where there has been assault).
Types:
—Restitution: the return or redelivery of particular property (usually where something has been stolen).
—Compensation: requires the offender to pay for any loss or damage (often where there has been assault).
Offender Levy
Known as victims' levies or victims' surcharges in some jurisdictions, these levies are becoming more prevalent throughout the common law world. Such levies exist in other Australian States and Territories, such as the Northern Territory, South Australia and New South Wales, as well as in New Zealand, England, Northern Ireland and Canada.
These orders in Queensland are purportedly non-punitive, instead their purpose is to contribute to the cost of law enforcement and administration (s179A).
The levy is paid per sentence proceeding, regardless of the number of offences it includes (s 179C). The levy is not discretionary - that is, the Court can not waive the levy and the Court does not have the power to change the amount. Further, the Court can not take the levy into account in determining any amount of a fine (s48(3A)).
The value of the levy is currently $100 in the Magistrates Court and $300 in the District or Supreme Court (s8A Penalties and Sentences Regulation 2005).
These orders in Queensland are purportedly non-punitive, instead their purpose is to contribute to the cost of law enforcement and administration (s179A).
The levy is paid per sentence proceeding, regardless of the number of offences it includes (s 179C). The levy is not discretionary - that is, the Court can not waive the levy and the Court does not have the power to change the amount. Further, the Court can not take the levy into account in determining any amount of a fine (s48(3A)).
The value of the levy is currently $100 in the Magistrates Court and $300 in the District or Supreme Court (s8A Penalties and Sentences Regulation 2005).