R v Pacaci

[2025] QCA 154

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Appeal and new trial
3. › Appeal against sentence
4. › Grounds for interference
5. › Sentence manifestly excessive
6. › Operational period of suspended sentence
7. › Whether operational period of five years on two-and-a-half-year sentence manifestly excessive
8. › Penalties and Sentences Act 1992 (Qld), ss 9, 144, 145
1. Criminal Law
2. › Sentencing
3. › Suspended sentences
4. › Operational period
5. › Principles governing exercise of discretion to set extended operational period
6. › Requirement for proportionality between term of imprisonment and operational period
7. › Requirement to articulate statutory sentencing purpose
8. › Penalties and Sentences Act 1992 (Qld), ss 9(1), 144

Quick Take

An operational period longer than the term of imprisonment under s 144 of the Penalties and Sentences Act 1992 (Qld) must be justified by reference to a statutory sentencing purpose under s 9(1) — specifically personal deterrence, rehabilitation, or community protection, but not general deterrence or denunciation — and must be proportionate both to the gravity of the offence and internally as between the elements of the sentence.