Western Australian Current Acts Western Australian Current Acts (1) 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.
(2) 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.
(3) Suspended
imprisonment is not to be imposed if —
(a) the
offence was committed when the offender was subject to an early release order;
or
(b) the
offender is serving or is yet to serve a term of imprisonment that is not
suspended.
(4) In subsection
(3)(a) —
early release order means —
(a) a
parole order, home detention order, or work release order, made under the
Sentence Administration Act 1995 1 ; or
(b) 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.]