Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 10

10 Court’s reasons to be stated and recorded

(1) If a court imposes a sentence of imprisonment, including a suspended sentence of imprisonment, it must—

(a) state in open court its reasons for the sentence; and

(b) cause the reasons to be—

(i) recorded in the transcript that is to be kept in the registry with the indictment; or

(ii) recorded in writing and kept in the office of the clerk of the court with the charge sheet; and

(c) if the chief executive (corrective services) requests a copy of the reasons—cause a copy of the reasons to be forwarded to the chief executive (corrective services).

(2) A sentence is not invalid merely because of the failure of the court to state its reasons as required by subsection (1) (a) , but its failure to do so may be considered by an appeal court if an appeal against sentence is made.

(3) The court need not comply with subsection (1) (b) if the reasons are recorded under the Recording of Evidence Act 1962 .