Serious Violent Offence Declarations
A serious violent offence declaration may be made if an offender is convicted on indictment (s161A Penalties and Sentences Act (Qld) 1992):-
* of committing, or counselling or procuring the commission of, or attempting or conspiring to commit an offence against the schedule (e.g. Manslaughter, Incest, Rape, Robbery, Dangerous Operation Motor Vehicle, Assaults with Bodily harm and more); AND
* sentenced to 10+ years imprisonment;
OR
* declared to be a Serious Violent Offence e.g. offence mentioned above and sentenced to between 5-10 years OR for offence involving serious violence or resulting in serious harm resulting in a term of imprisonment.
Where the case involves potential application of the discretionary declaration - such a decision must not be made mechanically or automatically but rather with regard to all relevant circumstances and the consequences of make a declaration: R v Collins [2000]. Further, it must relate to the offence rather than the offender (R v Orchard [2005]).
The effect of SVO Declarations
The offender must serve 80% of sentence (or 15 yrs - whichever is less) before becoming eligible for parole (s182(2) Corrective Services Act (Qld) 2006.
Consider the effect of Serious Violent Offence declarations on principles of totality and proportionality (See for eg. R v Bojovic [2001] 1 Qd R 393, R v Eveleigh [2003] 1 Qd R 398.) The main purpose in making a serious violent offence declaration is protection of the community (R v Keating [2002]: 'These orders may be appropriate when a need is perceived to protect the community and where the circumstances of the commission and the violence accompanying it make it appropriate. A single isolated act of violence may be thought less likely to attract a declaration than a case involving repeated commission of offences or a case where an offender's criminal history is one that tends to show the offence in a serious light so that a need is perceived to protect the community.')
* of committing, or counselling or procuring the commission of, or attempting or conspiring to commit an offence against the schedule (e.g. Manslaughter, Incest, Rape, Robbery, Dangerous Operation Motor Vehicle, Assaults with Bodily harm and more); AND
* sentenced to 10+ years imprisonment;
OR
* declared to be a Serious Violent Offence e.g. offence mentioned above and sentenced to between 5-10 years OR for offence involving serious violence or resulting in serious harm resulting in a term of imprisonment.
Where the case involves potential application of the discretionary declaration - such a decision must not be made mechanically or automatically but rather with regard to all relevant circumstances and the consequences of make a declaration: R v Collins [2000]. Further, it must relate to the offence rather than the offender (R v Orchard [2005]).
The effect of SVO Declarations
The offender must serve 80% of sentence (or 15 yrs - whichever is less) before becoming eligible for parole (s182(2) Corrective Services Act (Qld) 2006.
Consider the effect of Serious Violent Offence declarations on principles of totality and proportionality (See for eg. R v Bojovic [2001] 1 Qd R 393, R v Eveleigh [2003] 1 Qd R 398.) The main purpose in making a serious violent offence declaration is protection of the community (R v Keating [2002]: 'These orders may be appropriate when a need is perceived to protect the community and where the circumstances of the commission and the violence accompanying it make it appropriate. A single isolated act of violence may be thought less likely to attract a declaration than a case involving repeated commission of offences or a case where an offender's criminal history is one that tends to show the offence in a serious light so that a need is perceived to protect the community.')