The Penalties and Sentences Act 1994, governs every aspect of Queensland's sentencing process and is one of our most important pieces of legislation; implement a completely impartial justice sentencing system. This act attempts to establish a balance between punishment and positive outcomes for all key stakeholders, but has come under scrutiny in recent times for allegedly being “soft on crime” (Judicial Conference of Australia, 2014). However, a considerable number of Queenslanders believe that current legislation may also be inconsistent and weak; this debate has attracted the attention of people in other Australian jurisdictions. In their view, however, the best way to deter and reduce crime is a judicially “tailored” sentencing process that balances positive outcomes for victims and the community with what is appropriate for the individual convicted. For this reason, discretionary provisions should not be reduced or eliminated. If this system of discretionary sentencing were reduced or abolished completely there would be no benefit to any of the parties involved and in fact the ridiculously harsh and unfair replacement of mandatory sentencing would create an injustice. The Penalties and Sentences Act 1994 is the current legislation relating to sentencing in Queensland. Without it, no mitigating or aggravating factors would be taken into account, nor would offenders be punished to an extent or manner consistent with any circumstances (USQ Australia, 2014 – Penalties and Sentences Act 1992). The Penalties and Sentencing Act clearly states: 9.1) “The sole purpose for which sentences may be imposed on an offender is: (a) to punish the offender to an extent or in a manner that is just in all the circumstances” ( Qu.. .... half of the paper ...... University of Melbourne, (2013) The High Court on mandatory sentencing in Magaming v The Queen: Only Part of the Story [online] Available at: http: //blogs .unimelb.edu.au/opinionsonhigh/2013/11/13/dziedzic-walker-magaming/ [Accessed 2 June 2014].18 USQ Australia, (2008 Overview Penalties and Sentences Act 1992. [online] Available at address: https://elo.legalaid.qld.gov.au/webdocs/dbtextdocs/internal/irregseries/cle/2008/penaltiesoverview.pdf [Accessed 2 June 2014].19 protest in Australia over boy's suicide incarcerated Aboriginal [online] Available at: http://www.wsws.org/en/articles/2000/02/jail-f19.html [Accessed 29 May 2014].20 Australia, (2000).. 2014].