Queensland Consolidated Acts Queensland Consolidated Acts(1) If a court convicts a person (defendant) of an offence against this Act, the prosecutor should, at the sentencing of the defendant, tell the sentencing court the appropriate details of the harm caused to a victim by the defendant's failure to comply with this Act.
(2) In deciding what details are not appropriate, the prosecutor may have regard to the victim's wishes.
(3) However—
(a) it is not mandatory for a victim to give the prosecutor details of the harm caused to the victim by the defendant's failure to comply with this Act; and
(b) the fact that details of the harm caused to a victim by the defendant's failure to comply with this Act are absent at the sentencing does not of itself give rise to an inference that the defendant's failure caused little or no harm to the victim.
(4) A prosecutor should ensure the sentencing court has regard to the Penalties and Sentences Act 1992, section (9)(2)(c), if it would help the victim to have the benefit of the principle mentioned in subsection (1).
(5) In this section—
harm means death, grievous bodily harm or bodily harm.
victim means a person who has suffered harm because—
(a) a defendant has committed an offence against this Act; or
(b) the person is a member of the immediate family of, or is a dependant of, a victim mentioned in paragraph (a).