Penalties for Breaching Community Detention

Court will consider certain matters

When sentencing the offender on a breach, the court will give consideration to the following:

• sentence/order type
• reason for breach action, i.e. seriousness of non-compliance
• history of non-compliance with current sentence(s), and
• guidance provided by probation officer in oral information, e.g. probation officer requesting convict and discharge.

Maximum penalty

The maximum penalty for breaching any of the conditions of a sentence of CD is 6 months imprisonment or a $1500 fine.

Legislative reference: Section 69G Sentencing Act 2002.

Possible results

There are a number of possible results which may arise from breach action.

The court may record a conviction against the offender, but not impose any additional sentence.

Examples:

• convict and discharge, or
• convict and discharge with final warning.
• The court may record a conviction against the offender, and impose an additional sentence.

When providing guidance to the court on possible sentencing outcomes resulting from the breach action, the probation officer must take into account the combination of sentences which legislation provides for, and the effect of cumulative and concurrent sentences.

If an offender is convicted of a breach of CD, one or more of the following sentences may be imposed:

• fine
• community work (CW)
• supervision or intensive supervision (but not both)
• further CD (to a maximum period of 6 months)
• home detention (HD), and/or
• imprisonment.

Note: HD and imprisonment may not be imposed concurrently with CD. If HD or imprisonment is sought as a sentencing outcome, an application for cancellation of CD will need to be made.