Author: Amelia Ramsay
Practice area: breach
Amelia is a Senior Associate at Doogue + George who oversees the firm's Family Violence and Intervention Order practice. With a close focus on this area of law, Amelia ensures clients understand exactly where they stand under the most current legislation and case law.
View full profile →Amelia authored this content and last revised it for accuracy on 1 September 2026.
This State offence was abolished a number of years ago.
This excludes the possibility of restoration of the original sentence to be immediately served by the defendant.
This charge is one of the most serious forms of criminal offending. Since it involves a suspended sentence, it means that the defendant was already found guilty of a previous offence, received a suspended sentence of imprisonment as a penalty, and was still serving it at the time when the breach was committed.
Elements of Breach of a Suspended Sentence
- The accused was subject to a suspended sentence of imprisonment lawfully imposed
- The accused was found guilty of a further offence punishable by imprisonment
- The further offence was committed during the operational period of the suspension
- Proceedings were commenced within the time limits the Act then imposed
Suspended sentences no longer exist in Victoria. They were abolished for all offences in the County and Supreme Courts for offences committed on or after 1 September 2013, and in the Magistrates’ Court for offences committed on or after 1 September 2014. This page is historical – it applies to suspended sentences imposed for offending before those dates.
Sentencing
Sentencing outcomes in the higher courts of Victoria
Defences
In a case of Breach of Suspended Sentence, the following defences may be applicable to the charge:
- Factual and Identification Dispute
- Impossibility
- Charges are Statute Barred
Defences to this charge often revolve around a factual dispute. Depending on the circumstances, criminal lawyers may consider other applicable defences.
Whether you should plead guilty or not to this charge is something that can best be evaluated by a criminal lawyer. If you are found guilty, there could be severe consequences.
What penalties can be imposed for a charge of Breach of Suspended Sentence?
- Without Conviction Order
- Adjournment of the Charges on Undertaking (Good Behaviour Bond)
- Fine
- Community Corrections Order
- Suspended Prison Sentence
- Term of Imprisonment
Legislation
The legislation for this offence can be found on section 83AB of Sentencing Act 1991.
For the Prosecution to establish this charge, the defendant must primarily be under a lawful suspended sentence. The Court must have found the defendant guilty of another offence punishable by imprisonment. This offence should have been committed during the period of the suspended sentence, and the proceeding should be commenced within 3 years of the breaching offence.
Breach of Suspended Sentence Case Studies
Links to further information about the charge of Breach of Suspended Sentence:
FAQs for Breach of Suspended Sentence
What is breach of suspended sentence in Victoria?
A criminal defence lawyer can explain the legal elements of the former offence and advise on your options if you are dealing with matters relating to a historical charge.
