Imprisonment is a Last Resort
There is a principle at common law that imprisonment should be a last resort. This principle was removed from Queensland's legislation in under the Newman Liberal Government, but has been reinstated.
Generally, according to s 9(2)(a)(i) imprisonment should only be imposed as a last resort; and (ii) a sentence that allows the offender to stay in the community is preferable. However, these provisions do not apply for :
Generally, according to s 9(2)(a)(i) imprisonment should only be imposed as a last resort; and (ii) a sentence that allows the offender to stay in the community is preferable. However, these provisions do not apply for :
- an offence of violence or that results in physical harm to another (s 9(2A)); or
- for offences of a sexual nature committed in relation to a child under 16 years (s 9(4)(a)); or
- for certain child pornography crimes listed in s 9(6A).