Penalties in NSW – Suspended Sentences


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Where an offender is sentenced to full-time imprisonment for 2 years or less, the Judge may order that the sentence be ‘suspended’; in other words, that the offender be released from custody and enter a good behaviour bond for the term of the sentence (see section 12 Crimes (Sentencing Procedure) Act 1999 NSW)).

For example, if an offender gets 18 months in gaol for ‘malicious wounding’, the Judge may decide not to send the offender to gaol and instead release him or her on an 18 month good behaviour bond.

However, if the offender breaches that good behaviour bond, he or she will be brought before the Court and will normally be ordered to serve the remaining time in gaol.

Suspended sentences are usually only available where there are several good reasons not to send the offender to gaol eg there is a very good explanation for the offence, the offender has taken steps not to offend again (eg drug addiction was a cause of the crime & the offender has voluntarily entered a drug rehabilitation program), there are kids to looks after, etc.