Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 132C

132C Fact finding on sentencing

(1) This section applies to any sentencing procedure in a criminal proceeding.

(2) The sentencing judge or magistrate may act on an allegation of fact that is admitted or not challenged.

(3) If an allegation of fact is not admitted or is challenged, the sentencing judge or magistrate may act on the allegation if the judge or magistrate is satisfied on the balance of probabilities that the allegation is true.

(4) For subsection (3) , the degree of satisfaction required varies according to the consequences, adverse to the person being sentenced, of finding the allegation to be true.

(5) In this section—

"allegation of fact" includes the following—

(a) information under the Penalties and Sentences Act 1992 , section 15 or evidence given at a hearing in relation to an order under part 3A of that Act;

(b) information under the Youth Justice Act 1992 , section 150 (4A) or in a pre-sentence report under section 151 of that Act;

(c) information given to the court under the Penalties and Sentences Act 1992 , section 179K ;

(d) other information or evidence.