When imprisonment may be suspended
76 When imprisonment may be suspended
A court that sentences an offender to a term of imprisonment, or to an aggregate of terms of imprisonment, of 60 months or less may order that the term or terms be suspended for a period set by the court; but not more than 24 months.
Suspended imprisonment is not to be imposed unless imprisonment for a term or terms equal to that suspended would, if it were not possible to suspend imprisonment, be appropriate in all the circumstances.
Suspended imprisonment is not to be imposed if —
the offence was committed when the offender was subject to an early release order; or
the offender is serving or is yet to serve a term of imprisonment that is not suspended.
In subsection (3)(a) —
early release order means —
a parole order, home detention order, or work release order, made under the Sentence Administration Act 1995 1; or
a parole order, or re‑entry release order, made under the Sentence Administration Act 2003.
[Section 76 amended: No. 50 of 2003 s. 15; No. 45 of 2016 s. 68.]
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