Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 151P

151P Considerations for taking action under s 151O

(1) In making an order under section 151O , the court must have regard to—

(a) the extent to which the offender has otherwise complied with the treatment order; and

(b) whether the subsequent offence is trivial having regard to—

(i) the nature of the subsequent offence and the circumstances in which it was committed, including any physical or emotional harm done to a victim and any damage, injury or loss caused by the offender; and

(ii) the proportionality between the culpability of the offender for the subsequent offence and the consequence of making the order; and

(iii) the antecedents and any criminal history of the offender; and

(iv) the prevalence of the original and subsequent offences; and

(v) the motivation for the subsequent offence; and

(c) the seriousness of the original offence, including any physical or emotional harm done to a victim and any damage, injury or loss caused by the offender; and

(d) any special circumstance arising since the original sentence was imposed that affects whether it would be just to make the order.

(2) In this section—

"original offence" means the offence for which a term of imprisonment has been suspended under section 151N (1) (b) .

"original sentence" means the sentence imposed for the original offence.

"subsequent offence" means the offence committed during the operational period of a treatment order.