Breach of a Suspended Sentence
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.
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.
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.
This is a legislation that comes from section 83AB of the Sentencing Act 1991.
In a case of Breach of Suspended Sentence, the following defences may be applicable to the charge:
- Factual and Identification Dispute
- Charges are Statute Barred
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)
- Community Corrections Order
- Suspended Prison Sentence
- Term of Imprisonment
What is the legislation for the charge of Breach of Suspended Sentence?
The legislation for this offence can be found on section 83A8 of Sentencing Act 1991.
Breach of Suspended Sentence Case Studies
- Sentence Appeal for Breach of a Suspended Sentence
- Drive whilst disqualified and Breach of suspended sentence – ICO and Extension of Suspended Sentence
- Breach of Suspended Sentence – Suspension Period Extended
- Assault and Breaching Offences – ICO (no order on the charge for Breach of Suspended Sentence)
- Breach of suspended sentence and Obtain property by deception (Appeal to the County Court) – Suspended Term Extended
Media articles related to the charge of Breach of Suspended Sentence:
- Magistrate foreshadows a jail sentence for Horsham man
- Fake guns lead to jail
- Warrnambool man faces fresh drug charges, days after dodging jail