News

Leniency requests to judges no longer permitted

GONE are the days when defence lawyers would request lenient sentences for their clients.

Submissions on sentencing are no longer accepted before court.

That means if you find yourself facing court, your lawyer can no longer suggest probation or a fine is appropriate for your offence.

Each court in Australia must interpret the case for itself, since a High Court judge refused to hear what penalty prosecutors were seeking in the case of two drug dealers earlier this month.

When the defendants argued it was procedurally unfair, the High Court said prosecutors were not surrogate judges and the recommendations were not required and should not be allowed.

Before the change, prosecutors would generally tell judges what sentences the guilty should face.

Magistrate Graeme Tatnell of Hervey Bay Magistrates Court said in court since the High Court case had been delivered, he had restricted the prosecution on making submissions on sentencing range.

On Monday, he made the decision to make the same restriction for defence.

Mr Tatnell told the court sentencing was for a judge, or magistrate, alone to decide.

"The moment you say a fine, or alternate sentence, is appropriate you're interfering with the course of sentencing," he said.

Hervey Bay defence solicitor John Milburn said in court, lawyers had a duty to their client and duty to the court and it would more difficult to advocate for what was best for his clients with the change.

Prosecutors and defence lawyers may still provide comparable cases.

Topics:  court hervey bay hervey bay magistrate sentencing



How to survive a bushfire in your car

IT SOUNDS like a nightmare, but it can happen.

Eight reasons to join the RFS

SPREAD across 93% of Queensland, the Rural Fire Service has about 36,000 volunteers. And you could be one of them.

What if my insurer gives me grief?

CLAIMING your insurance cover after a natural disaster can go one of two ways. It can be a breeze, or like pulling teeth.

Young Fraser Coast gymnasts flip and jump at fun event

Wide Bay Gymnastics Club medal carnival - Level three's Rollea Clarke.

Non-competitive gymnasts showcased skills at medal carnival.

Man duct-tapes little girl to the floor

Maryborough Courthouse.
Photo: Valerie Horton / Fraser Coast Chronicle

He did it as a form of punishment.

Cr Light calls for independent review into council reports

Councillor Rolf Light has called for a review of the documents, calling them 'inaccurate.'

Light has called the documents 'inaccurate.'

Local Partners

Have you downloaded the Fraser Coast Chronicle app yet?

The free Fraser Coast Chronicle phone app lets readers know when stories covering topics they are interested in are uploaded to the website.


Kernaghan's a 'boy from the bush' with a timeless quality

Country music singer Lee Kernaghan.

Lee Kernaghan is celebrating the 25th year of his breakthrough song.

Man builds playground entirely out of packing tape

Artist Eric Lennartson is in the process of completing his huge tape sculpture at the Ipswich Art Gallery.

VIDEO:And here's where you can play on it.

Where to meet Santa on the Fraser Coast these holidays

Santa Claus is coming to the Fraser Coast. Four year old Jorja Dowman has been visiting Santa in the shopping centre since she was just six months old.

Don't miss your chance to tell him what's on your wishlist!

Kernaghan's a 'boy from the bush' with a timeless quality

Country music singer Lee Kernaghan.

Lee Kernaghan is celebrating the 25th year of his breakthrough song.

Irina Shayk and Bradley Cooper happy as baby looms

Irina Shayk and Bradley Cooper are in an "extremely happy place"

Brad Pitt bids to keep custody battle private

Brad Pitt will go to court to keep his custody battle private

Sia has split from her husband

Sia has split from her husband Erik Anders Lang.

Amy Schumer thanks Barbie trolls for hateful comments

Amy Schumer is in the lead role for the new Barbie movie

Shannen Doherty's husband is suing for destroyed sex life

Shannen Doherty's husband is suing her former manager

Ipswich City Properties asset portfolio retains its value

Ipswich City Council Administration Building, South Street, Ipswich. Photo: Claudia Baxter / The Queensland Times

New website launched by Ipswich City Council

INSIDE STORY: The highlights of your $150 million CBD

GRAND PLAN: The highlights of the Ipswich CBD redevelopment and where they will be located.

Work on city heart's radical transformation to begin next year

VOTE IN OUR POLL: Sand mine opponents face serious dilemma

Public meeting for the proposed sand mine at Maroochydore last week.

Coast MP calls on Minister to stop KRA proposal with stroke of a pen

Developer's grand new multi-million dollar estate

NEW ESTATE: This is the only plan revealed by the property developer's new Billabongs Estate in Agnes Water.

DEVELOPER given the go ahead for a massive estate with 149 homes.

Couple's desperate $550K price drop to sell Gladstone home

Brian Headley and Kirstene Staib are selling their Kin Kora mansion for $750,000.

TELL tale sign of Gladstone's property market.

Ready to SELL your property?

Post Your Ad Here!