Section 9(5) of the Penalties and Sentences Act 1992 (Qld) applies to offences under s 218A of the Criminal Code regardless of whether the offender communicated with an actual child or an adult posing as a child, because the essence of the offence is the offender's intent in relation to a child under 16. However, even with s 9(2)(a) displaced, actual imprisonment is not inevitable — the court must still consider whether actual imprisonment is necessary taking all relevant factors into account, including youth, absence of prior history, rehabilitation prospects, and the absence of an actual child victim.
The full text is available to signed-in members, including the 16 later cases that cite this judgment.
9 of the 16 citing cases carry a classified treatment. How each court treated it is available to signed-in members.