Western Australian Current Acts Western Australian Current Acts (1) A prescribed 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 whole of the
term or terms be suspended for a period set by the court, but not more than 24
months, subject to the following conditions —
(a) the
standard obligations in section 83; and
(b) one
or more of the primary requirements in section 84, as decided by the court.
(2) CSI 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) CSI 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 .
(5) Subsection (1)
does not prevent a prescribed court from imposing suspended imprisonment under
Part 11.
[Section 81 inserted: No. 27 of 2004 s. 5.]