http://www5.austlii.edu.au/au/legis/qld/consol_act/cc189994/s575.html
Learning resource - sentencing factors
WebDirect on any relevant circumstances of aggravation: 7 1. Break.8 A person who breaks any part, whether external or internal of a dwelling o r any premises or opens by unlocking, pulling, pushing, lifting or any other means whatever, any … WebThe defence of emergency in Queensland. Under section 25 of the Criminal Code 1899, a person is not guilty of an offence in Queensland if they act in response to a sudden or extraordinary emergency under circumstances where an ordinary person with ordinary powers of self-control could not be expected to act otherwise. greeting card drives
Aggravating and Mitigating Factors in Criminal Sentencing
WebJul 16, 2024 · Aggravating circumstances: Section 419(2)-(5) of the Criminal Code outlines the circumstances of aggravation that increase the maximum penalty. 1. the offence is committed in the night. ... Herston 4006 QLD. Phone 07 3252 0011 Fax 07 3257 7890 Email [email protected] Section 1 of the Queensland Criminal Codedefines a circumstance of aggravation as any circumstance where an offender is liable to a greater punishment than if the offence were committed without the existence of that circumstance. A common aggravating factor is a prior record for similar offences. Other … See more Some offences, particularly driving offences, specify a maximum penalty for a first offence and a higher maximum penalty for a second and third offence. An example of this is … See more Some offences can be aggravated because of the circumstances under which they took place. For example, the offence of burglary is aggravated if it occurs at night, if violence is … See more When a person is charged with a violent or sexual offence, police may allege a circumstance of aggravation relating to the age or vulnerability of the victim. The vulnerability of a … See more A ‘circumstance of aggravation’ must be specified on the indictment (or bench charge sheet) when an offender is first charged. It is then up to the Prosecution to prove beyond … See more WebNov 11, 2010 · 25.10 The penetrative sexual offence is described as: ‘rape’ in Victoria, Queensland, South Australia and ... (1A): aggravating circumstances include where the act is performed in company; s 61O(3): where the accused is in a position of authority over the victim, or where the victim has a physical disability or cognitive impairment. foci teeth