Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 121

121 Offender may be re-sentenced on revocation of order

(1) Subject to subsection (2) , if a community based order is revoked, the court that made the order may re-sentence the offender for the offence for which the order was made in any way in which the court could deal with the offender if the offender had just been convicted by or before it of the offence.

(2) In determining how to re-sentence the offender, the court must take into account the extent to which the offender had complied with the order before its revocation.

(3) If the community based order mentioned in subsection (1) is a graffiti removal order, the court need not, but may, when re-sentencing the offender for the graffiti offence for which the order was made, make another graffiti removal order.

(4) If the community based order mentioned in subsection (1) is a community service order made under section 108B , the court need not, but may, when re-sentencing the offender for the offence for which the order was made, make another community service order.