Suspended Sentence

Suspended sentences were abolished in New South Wales in 2018. 

What is a “Suspended Sentence”?

A suspended sentence (also known as a Section 12 good behaviour bond) was a Gaol sentence that is suspended upon the Defendant entering into a good behaviour bond. Provided the terms of the good behaviour bond are complied with the Gaol sentence would not come into effect. A suspended sentence was only available for sentences of imprisonment of up to 2 years.

Legislation: 

How the Court Imposed a Suspended Sentence:

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

Consequences of Breaching a Suspended Sentence:

The now repealed Section 98(3) of the Crimes (Sentencing Procedure) Act 1999 provided that, in the case of a breach of a section 12 bond, the Court must revoke the order,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 could request that you be permitted to serve the Gaol sentence by way of home detention or periodic detention. The Court has discretion at the time of revoking the suspended sentence to impose a sentence of periodic or home detention.