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:

Crimes (Sentencing Procedure) Act 1999 – As at 7 Dec 2017

Section 12 Suspended sentences

A Court that imposes a sentence of imprisonment on an offender (being a sentence for a term of not more than 2 years) may make an order:
1. suspending execution of the whole of the sentence for such period (not exceeding the term of the sentence) as the Court may specify in the order, and
2. directing that the offender be released from custody on condition that the offender enters into a good behaviour bond for a term not exceeding the term of the sentence.
An order under this section may not be made in relation to a sentence of imprisonment if the offender is subject to some other sentence of imprisonment that is not the subject of such an order.
Subject to section 99 (1), Part 4 does not apply to a sentence of imprisonment the subject of an order under this section.
An order under this section may be made after a Court has decided not to make a home detention order in relation to the sentence of imprisonment.

How the Court Imposed a Suspended Sentence:

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.
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.
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The now repealed Section 98(3) of the Crimes (Sentencing Procedure) Act 1999 provided that, in the case of a breach of a section 12 bond, the Court must revoke the order,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.