Combination of Sentences

Introduction

When sentencing an offender the court has a range of non-custodial sentences to consider, and a very broad range of opportunities to combine sentencing options.

Combinations

The following table shows the combination of sentences that can be imposed by a court.

Note: Reparation is the only sentence that can be imposed with any other sentence.

-	Reparation	Fines	Community Work	Supervision	Intensive Supervision	Community Detention	Home Detention	Prison
Reparation	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Fines	Yes	Yes	Yes	Yes	Yes	Yes	Yes	If authorised by Act specifying offence.
Commmunity work	Yes	Yes	Max cumulative 400	Yes	Yes	Yes	Yes	No
Supervision	Yes	Yes	Yes	Must be served concurrently	Yes	Yes	No	No
Intensive Supervision	Yes	Yes	Yes	Yes	Must be served concurrently	Yes	No	No
Community Detention	Yes	Yes	Yes	Yes	Yes	Max cumulative 6 mths	No	No
Home Detention	Yes	Yes	Yes	No	No	No	Max cumulative 12 mths	No
Prison	Yes	If authorised by Act specifying offence.	No	No	No	No	No	Yes

Least restrictive outcome

It is expected that it will become increasingly common for the court to include more than one sentence in a single sentencing. However, the court must keep in mind the principle of the least restrictive outcome and impose a combination of sentences only if:

any of the sentences within the combination would not meet the purposes and principles of sentencing if imposed alone, and
any of the sentences within the combination would not meet the purposes and principles of sentencing if imposed in any less restrictive combination.

Legislative references: Sections 19 and 20 Sentencing Act 2002.

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