Within the legal system, there is a consistent need to find appropriate responses to criminal activities.
In the state of Western Australia, the Court can impose the following sentences.
- Suspended Fine – Payment of the fine is not required if you maintain good behaviour for the time specified in the order.
- Conditional Release Order – You have no penalty if good behaviour is maintained for the time specified in the order.
- Fine – You must pay a specific amount of money.
- Community-based Order – You will be part of a programme and/or involved in community service, where you must report in the community for the time specified in the order.
- Intensive Supervision Order – You will have supervision in the community for the amount of time dictated by the order. The time you serve for an intensive supervision order can occur with or without a programme or community service requirements.
- Suspended Term of Imprisonment Order – You will serve no jail time if you maintain good behaviour for the time specified in the order
- Immediate Term of Imprisonment – You will go to jail right away. An immediate term of imprisonment is a sentence of last resort.
What is a Suspended Sentence in Western Australia?
In the Western Australian justice system, a suspended imprisonment term means that the offender received a term of imprisonment but the Court decided to conditionally suspend the imprisonment term for some time. A suspended sentence of imprisonment allows the offender to live in the community under certain conditions stipulated by the Court
Breach of Suspended Sentence of Imprisonment
Suspended imprisonment is said to be breached when an offender (who has been released after being sentenced to a suspended term) commits a further imprisonable offence.
When a breach happens, the Court will sentence the offender to a new charge known as a further offence. Then the Court will re-sentence the offender on their initial charge, which resulted in the suspended imprisonment term.
The Court can trigger suspended imprisonment unless the offender can provide evidence to prove that it is ‘manifestly unjust’ to trigger the suspended imprisonment order.
What Factors Are Considered when the Court is Deciding on Sentencing
In determining a sentence, the Court considers several factors, including but not limited to:
- Offending behaviour;
- Personal circumstances
- Antecedents
- Prior criminal record
- Any references or reports provided to the Court
- Behaviour before any alleged offending or offending
- Circumstances of the offending
- Moral culpability
- Rehabilitative needs
- Personal deterrence
- General deterrence
- Remorse
- The victim impact statement
- Changes in the offender’s life
What are Some Possible Conditions of a Suspended Sentence of Imprisonment?
The Court can place numerous stipulations on a suspended sentence of imprisonment. The standard conditions attached include:
- The offender shall report to Community Corrections within 72 hours of being released.
- The offender cannot leave Western Australia without receiving permission.
- The offender has two working days to inform Community Corrections of any change of address or employment.
In addition to these conditions, offenders must usually participate in at least one of the following.
- Follow a curfew and limit their movements during times when there is a greater probability of offending again.
- Be part of a program that helps them deal with their offending
- Allow monitoring in the community
- Be part of regular counselling for rehabilitation and compliance with directions.
Can Every Offence Get a Suspended Sentence of Imprisonment?
The short answer to this question is, “it depends”. The Court can consider suspending a prison term if they believe that there are sufficient grounds to do so. These factors will vary from case to case. If the offence is so serious that it warrants an immediate term of imprisonment, then the Court is unlikely to suspend the prison term.
If you are in a situation where you or someone you know need legal advice in various sentences, do not hesitate to reach out to the legal professionals at WN Legal. Our boutique law practice offers clients the personal attention they deserve and the sound legal counsel they need. Our experienced team has helped hundreds of others get their best possible outcome, and we can also help you.
**Please Note**
The material presented in this post is for informational use only. It does not constitute binding legal advice and should not be a replacement for a consultation with a legal professional
