Sentencing

Question 1

What are the five purposes of sentencing?

Answer 1

The five purposes of sentencing are:
● the punishment of offenders
● the reduction of crime
● the reform and rehabilitation of offenders
● the protection of the public
● the making of reparation by offenders to persons affected by their offense.

Question 2

What is the custody threshold?

Answer 2

The custody threshold is a test that determines whether a custodial sentence is appropriate. A court must not pass a custodial sentence unless it believes that the offense, or the combination of the offense and one or more associated offenses, was so serious that neither a fine alone nor a community sentence can be justified.

Question 3

When will a suspended sentence be imposed?

Answer 3

A suspended sentence may be imposed if a court determines that the custody threshold has been met, but there are specific circumstances that justify suspending the sentence.

Question 4

What happens when a defendant breaches a suspended sentence?

Answer 4

The court must do one of the following when a defendant breaches a suspended sentence:
● order the original custodial sentence to take effect without changes
● order the custodial sentence to take effect but for a shorter time and/or substitute a lesser custodial period
● amend the original order by imposing more demanding community requirements on the defendant
● amend the original order by extending the operational period, or by extending the supervision period.