The removal of the 'last resort' principle by s 9(6A) of the Penalties and Sentences Act 1992 (Qld) for s 228D offences does not make actual imprisonment inevitable; the appropriate penalty continues to turn on the circumstances of each case, primarily those set out in s 9(6B). Section 9(6B) prescribes deterrence and antecedents as both of primary importance, and the legislative change was not designed to elevate deterrence above the other prescribed factors. Prior sentencing authorities on s 228D offences retain relevance to head sentences, though they may have diminished relevance on the question of actual time to be served.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
7 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.