How to Prepare for Your Sentencing Hearing in Queensland
Sentencing — 2026-08-07 — by Sacha Sarah Smith, Civic Law
Your sentencing date is set. The outcome depends on what is put before the court — and most of that preparation happens before you walk into the courtroom. Here is what to do, when to start, and why it matters.
A sentencing hearing is not a formality. The police facts and the charge are already fixed — the court has those. What is not fixed is everything else. The material placed before the Magistrate or Judge on the day — programs completed, references gathered, evidence of personal circumstances — directly affects the outcome.
The difference between a fine and <a href="/articles/probation-community-service-orders-queensland">probation</a>, between a conviction on the <a href="/criminal-records-explained-queensland">record</a> and none, between a <a href="/articles/suspended-sentences-queensland">suspended sentence</a> and actual custody — in many cases, it comes down to what a lawyer places before the court and how it is presented. The court can only weigh what it sees.
Below is what to do before a sentencing date, when to start, and why each piece matters.
Start a Program Before Your Court Date
Completing a program before sentencing is one of the most effective things you can do. The court is specifically required — under section 9(2)(o) of the <em>Penalties and Sentences Act 1992</em> (Qld) — to consider whether you completed a rehabilitation, treatment or intervention program while on bail. Evidence that you finished a program before your court date tells the court you took the charge seriously and acted on it — without being told to.
The program should match the offence. Which one depends on what you are charged with:
<strong>Drink driving.</strong> The <a href="https://www.qtop.com.au" target="_blank" rel="noopener noreferrer">Queensland Traffic Offenders Program (QTOP)</a> is the most common option in Far North Queensland — it costs $185, takes three weeks, and can be completed online. If you are facing a <a href="/drink-driving-lawyer-cairns">drink driving charge</a>, completing QTOP before your court date is close to essential. Our <a href="/substance-use-support">substance use support page</a> lists…
<strong>Drug offences.</strong> Drug and alcohol counselling — through your GP, a psychologist, or a service like the Alcohol, Tobacco and Other Drug Service (ATODS) in Cairns — shows the court you are addressing the underlying issue. If you are eligible for <a href="/articles/drug-diversion-program-queensland">drug diversion</a>, that is a separate pathway. If you are not eligible or diversion has already been offered and completed, counselling evidence is what remains.
<strong>Assault or violence charges.</strong> An anger management program or counselling with a psychologist who can speak to your progress. The court treats evidence of completed treatment differently from a vague intention to "get help after court."
<strong>Domestic violence offences.</strong> A men's behavioural change program — such as the one run by the Cairns Regional Domestic Violence Service — or individual counselling. Completing a DV-specific program is especially relevant for <a href="/articles/contravention-of-domestic-violence-order-defence-queensland">DVO contraventions</a> and DV-related assault charges.
The key is completion. A program you enrolled in last week and attended once carries far less weight than one you finished. Start early — most programs take at least a few weeks. If your court date is close and you cannot finish in time, Sacha can apply for an adjournment to give you the window to complete it.
Get Your Character References Right
Character references are one of the main ways evidence of who you are — beyond the charge — reaches the court. Under section 9(2)(f) of the <em>Penalties and Sentences Act</em>, the court must consider your character. A strong reference from someone who actually knows you fills in the picture the Magistrate cannot see from the police facts.
Three to five references is the typical range. Quality matters more than quantity — ten vague letters that all say "he is a good person" add nothing that three focused, specific ones do not already cover.
<strong>Your employer or direct manager.</strong> An employment reference does two things. It tells the court someone who sees your work every day considers you reliable. And it gives the court a reason to consider the impact of a conviction or custodial sentence on your job — and on anyone who depends on your income.