Protection of the Community
At common law, protection of the community is often called the primary purpose.
In the Penalties and Sentences Act (Qld) 1992 it is only one of the purposes.
But is particularly important for:
▫offences of violence (s9(3)(a,b,f,k))
The 1997 changes to the Penalties and Sentences Act (Qld) 1992 have ‘clearly signalled a hardened intolerance of serious violent offending which sentencing courts must be astute to acknowledge and respect’ De Jersey CJ in R v Bryan (2003) 137 A Crim R 489
–But what amounts to violence?
– R v Breeze (1999) 106 A Crim R 441 – armed robbery amounts to violence
– R v Barling (1999) QCA 016 – arson of a caravan did not amount to violence
▫Sexual offences against children (s9(6)(d,e,j))
- Child image offenders (s9(7)(b,g)