As criminal defence lawyers, we relish the theatre and challenge of a trial. However, contrary to popular myth that we spend our days trying to ‘get guilty people off charges’, most of our work is the preparation and attendance on sentence hearings including as solicitor advocates.
Sentencing occupies a significant space in public discourse. When a criminal court imposes punishment on an offender the state exerts its authority upon a citizen who has broken the law. Fortunately, public displays of punishment no longer feature in our land. However, every day in Queensland members of our community, from all walks of life, anxiously await sentence by a criminal court.
The circumstances of the offence and the offender are infinitely varied. On a daily basis, judges and magistrates confront the onerous task of applying intellectual rigour and careful consideration to fashion a sentence that is just and fair in the particular circumstances of each individual case. The judiciary is assisted by a prosecutor (representing the state) and a defence lawyer (representing the individual). Both roles are vitally important to ensure the process is fair.
In 2022-2023, there were 91,899 people sentenced in Queensland’s criminal courts. In each case, the prosecution and the defence may look to appeal the sentence. The appeal process is a safeguard against a sentence outcome that is manifestly wrong; a penalty that shocks the public conscience.
The number of successful sentence appeals is low because, by and large, the courts get it right. Most sentences are imposed according to law (both written in Acts of Parliament and case law developed by the courts). The law is complex, but Queensland’s criminal justice system operates to ensure that, in the vast majority of cases, a just and fair penalty is imposed.
As criminal law practitioners, it is hard work to keep up to date on the influx of legislative and common law developments around sentencing. We don’t have time to read every appeal or every new Bill before Parliament. It is important that we work smarter not harder to maintain our expertise and assist the court in the discharge of this big task.
The Queensland Sentencing Advisory Council publishes very helpful resources for the community to understand how sentencing works.
The next time a friend or relative pesters you about that ‘recent case’, refer them to the Judge for Yourself exercise – https://www.sentencingcouncil.qld.gov.au/judgeforyourself. They will soon realise that sentencing is a lot more complex than that media snippet they saw on the television.
The council also dedicates its time to the production of resources for practitioners. For any busy practitioner, they are very useful. They include:
- ‘Queensland Sentencing Guide’ and the recently updated ‘Guide to the sentencing of children in Queensland’ – helpful resources for practitioners who don’t practice regularly in criminal law;
- ‘Case in Focus’ – a series that summarises the legal and sentencing principles used in recent high profile or interesting appeal court decisions;
- ‘Sentencing DataHub’ – a resource that summarises sentencing outcomes over recent years, for specific offences sentenced in Queensland’s criminal courts; and
- ‘Sentencing Round-up’ – a quarterly publication that contains the latest sentencing news and updates including publications and research, recent speeches by the judiciary, relevant bills, legislative amendments, current commentary on sentencing, Queensland Court of Appeal decisions, important sentencing remarks and academic articles.
These resources are all publicly available on the council’s website – www.sentencingcouncil.qld.gov.au.
Maintaining confidence in our judicial system is an ongoing challenge and a responsibility for all who work in the criminal justice system. As practitioners, our key role is to maintain our expertise and assist the court to impose a sentence that is just and fair in all the circumstances. These resources are vital tools to fulfil that duty.
The first combined QLS Family and Criminal Law Conference will be held on Friday, 11 October.
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