The legislative basis is found in section 9(2)(a) of the Penalties and Sentences Act Qld, that a court must have regard to the principle that a sentence of imprisonment should only be imposed as a last resort and a sentence that allows an offender to remain in the community is preferable (noting this is but one of many considerations).

A failure by the court to specifically have regard to this principle is not an immediate error in sentencing and the comments of the court should be examined. R v Clemments [2010] QCA 38 where the court imposed a suspended sentence to a protracted fraud against an elderly lady and the need for specific and generally deterrence was warranted.

In McMahon v Commissioner of Police [2020] QDC 323, the sentencing magistrate made reference to other considerations such as the seriousness of the offending, need for deterrence and the seriousness of ignoring court orders but not the sections and principles when sentencing a self-represented litigant.

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