Sentencing - The Discretion
It is the Judge’s responsibility to sentence.
Judges retain a sentencing discretion for most offences. ‘Fortunately under our system of sentencing, straight jackets are not the characteristic: the fully informed sentencing discretion is the hallmark’ De Jersey, CJ in R v Smith [2004] QCA 31.
Generally people can be ‘liable’ to up to the maximum penalty. See exceptions: eg. those charged with Repeat Serious Child Sex Offences (see ss 161D and 161E Penalties and Sentences Act 1992 (Qld)).
Discretion of the Sentencing Judge allows them to take into account various factors, while considering particular principles and purposes of sentencing.