(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).]