Western Australian Current Acts

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SENTENCING ACT 1995 - SECT 77

77 .         Effect of suspending imprisonment

        (1)         An offender sentenced to suspended imprisonment is not to serve any part of the imprisonment that is suspended unless —

            (a)         during the suspension period he or she commits an offence (in this State or elsewhere) the statutory penalty for which is or includes imprisonment; and

            (b)         a court makes an order under section 80.

        (2)         The suspension period begins on the day on which the sentence is imposed.

        (3)         If during the suspension period an offender is sentenced to imprisonment for another offence that was not committed during the suspension period, the suspension period continues to elapse while the offender is serving that sentence.

        (4)         An offender who is sentenced to suspended imprisonment is to be taken to be discharged from the sentence at the end of the suspension period.

        (5)         Subsection (4) does not affect the operation of subsection (1) or sections 78 to 80.

        (6)         For the purposes of a law other than this Part and Parts 12 and 13, a sentence of suspended imprisonment is to be taken as being a sentence of imprisonment.

        [Section 77 amended: No. 27 of 2004 s. 6(4).]



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