Suspended Sentence

Suspended Sentence (Section 12 good behaviour bond)

A suspended sentence (Section 12 good behaviour bond) is a gaol sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the gaol sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to 2 years.

What the court must do to impose a suspended sentence

Step 1:  The court must determine whether a sentence of imprisonment is required. A court must not sentence an offender to imprisonment unless it is satisfied, that no penalty other than imprisonment is appropriate.

Step 2:  Once the Court decides that imprisonment is the correct punishment required, the court must determine the length of the sentence. When determining how long the sentence of imprisonment should be the court should not consider how the sentence will be served.

Step 3:  If the term of imprisonment is 2 years or less, the Court decides whether the sentence should be suspended.

Breaching a suspended sentence
Section 98(3) of the Crimes (Sentencing Procedure) Act 1999 provides that, in the case of a breach of a section 12 bond, the court must revoke the order, unless it is satisfied that:

• the offender’s failure to comply with the bond was “trivial in nature”; or
• there are good reasons for excusing the offender’s failure to comply with the conditions of the bond.

On the day the bond is revoked the gaol sentence commences. However, all is not lost, you or your lawyer can request that you be permitted to serve the gaol sentence by way of home detention or periodic detention. The court has the discretion at the time of revoking the suspended sentence to impose a sentence of periodic or home detention.

Setting of non parole periods
The Law has recently changed in respect to when a non parole period is set by the court. Previously, the setting of the non-parole period occurred at the time the suspended sentence was imposed. Now the non-parole period is set after the good behaviour bond is revoked. This allows the Court at the breach proceedings to consider the issue of special circumstances under section 44 of the Crimes (Sentencing Procedure) Act and anything the offender has done since the suspended sentence was imposed when deciding the length of any parole period.

 

Disclaimer

The information contained in this page was accurate at the time it was published. You should confirm the accuracy of this information with us or another solicitor before relying upon it. For free confirmation please contact Armstrong Legal.

It is most important that you understand that each criminal case is different. While the material in this page is intended to be relevant to the majority of cases, it may not apply to every case.