Sentencing Explained
If you are pleading guilty — or have been found guilty after a trial — the next step is sentencing. This is where the court decides the penalty. Sentencing is not a formality. The work Sacha does at this stage directly affects the outcome — sometimes it is the difference between a conviction on your record and walking away without one.
How Sentencing Works in Queensland
Sentencing happens after a plea of guilty or a finding of guilt. In the Magistrates Court, sentencing often happens on the same day as the plea. In the District Court, sentencing usually happens at a separate hearing. The prosecutor tells the court what happened — the facts of the offence. Sacha then makes submissions on your behalf , presenting everything that works in your favour: your personal circumstances, your background, what you have done since the offence, references from people who know you, and any other material that supports the best possible outcome. The Magistrate or Judge then decides the sentence. They are required to take into account everything Sacha puts forward — which is why thorough preparation matters.
Types of Sentences
Queensland courts have a range of sentencing options. What is available depends on the offence, your criminal history, and the circumstances. From least to most serious: No conviction recorded The court finds you guilty but does not record a conviction. This is a genuinely good outcome — it means no criminal record for this offence. Available for less serious matters and where your personal circumstances support it. Sacha applies for this wherever there is a realistic prospect. Good behaviour bond You agree to be of good behaviour for a set period (usually 1–2 years). If you stay out of trouble, nothing further happens. A conviction may or may not be recorded alongside the bond. Fine A financial penalty. The amount depends on the offence and your ability to pay. Courts can allow time to pay or payment by instalments. Probation You are supervised by Community Corrections for a set period. Conditions typically include reporting to a probation officer, not committing further offences, and sometimes completing programs (anger management, drug counselling, etc). Probation keeps you in the community. Community service Unpaid work in the community, usually a set number of hours to be completed within a timeframe. Often combined with probation. Suspended sentence A term of imprisonment that you do not actually serve — provided you do not reoffend during the suspension period. If you breach a suspended sentence, you risk serving the original term. This is a serious penalty even though you are not going into custody. Imprisonment Actual time in custody. For shorter sentences, the court can make a parole recommendation or set a parole eligibility date. For sentences under one year, the court may order the sentence be served by way of an Intensive Correction Order (served in the community under strict conditions).
What the Court Considers
The Magistrate or Judge weighs up a range of factors when deciding the sentence. Sacha's job is to make sure the factors in your favour are properly presented. Factors that help you: An early plea of guilty (the earlier, the more credit you receive) No prior criminal history, or limited history Genuine remorse — backed up by what you have done since the offence Steps you have already taken: counselling, rehabilitation, community programs Employment, family responsibilities, community ties Character references from people who know you well Youth or age Mental health or other personal circumstances that provide context Cooperation with police Factors that work against you: Seriousness of the offence Relevant prior criminal history Offending while on bail, parole, or a suspended sentence A victim who was particularly vulnerable Planning or premeditation Breach of trust Good sentencing preparation does not ignore the difficult factors — it addresses them honestly while making sure everything positive is front and centre.
What to Expect on Sentencing Day
Before court: Sacha will have already prepared your sentencing material — references, supporting documents, a written outline of submissions if appropriate. You will know what to expect before you walk in. In the courtroom: The prosecutor reads the facts of the offence. Sacha then addresses the court on your behalf. You do not need to speak — Sacha does the talking. In some cases, the Magistrate or Judge may ask you a question directly, but this is uncommon and Sacha will prepare you if it might happen. The sentence: The Magistrate or Judge explains their reasons and announces the penalty. If the outcome involves conditions (probation, community service, a bond), Sacha will explain exactly what is required of you and what happens next. After court: Sacha will go through the result with you, explain what it means practically, and make sure you know what you need to do (if anything). If the outcome is not what we hoped for, Sacha will discuss whether an appeal is worth considering.
Frequently Asked Questions
Can I avoid getting a criminal record?
In many cases, yes. The Penalties and Sentences Act 1992 allows the court to find you guilty without recording a conviction. Whether this is available depends on the offence, your history, and what Sacha puts forward. Sacha applies for this wherever there is a genuine prospect of success.
Do I need to speak in court at sentencing?
No. Sacha speaks on your behalf. You stand while the sentence is handed down, but you are not required to address the court. If the Magistrate or Judge asks you something directly, it is usually a simple question — and Sacha will prepare you beforehand.
What if I have already been sentenced and I think it was too harsh?
You may be able to appeal. Appeals from the Magistrates Court go to the District Court and are a complete rehearing — a fresh chance to present your case. There are strict time limits (one calendar month from the date of sentence under the Justices Act 1886 (Qld)), so call Sacha promptly.
Does pleading guilty help at sentencing?
Yes. An early plea of guilty is treated as a sign of remorse and saves the court and witnesses the burden of a hearing. The earlier you plead, the more credit you receive. This is one of the factors Sacha discusses with you before you decide how to plead.
What are character references and do I need them?
A character reference is a letter from someone who knows you personally — an employer, family friend, community member, or colleague — who can speak to your character. Good references make a real difference. Sacha will tell you who to ask and provide guidance on what the reference should cover.
Can sentencing be adjourned if I am not ready?
Yes, in most cases the court will allow a short adjournment for you to get legal advice or prepare material. If you are at court without a lawyer and feeling unprepared, ask for an adjournment — or call Sacha from the courthouse.