Under the Penalties and Sentences Act 1992 (Qld), a court sentencing an offender on multiple counts at the same time cannot impose a probation order on one count concurrently with a sentence of imprisonment exceeding 6 months on another count; the only permissible combination is under s 92(1)(b), limited to imprisonment of 6 months or less. A sentencing court cannot delegate to a corrections officer the power to fix the amounts and times for payment of compensation under a probation order; the substance and terms of a sentence must be certain and complete when imposed. Where compensation is ordered, it is generally preferable to make a standalone order under ss 35-42 rather than incorporating it as a condition of probation.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
8 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.