Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if—
(a) an offender's good behaviour order was made under the Crimes (Sentencing) Act 2005
, section 12 (3) (Suspended sentences) on the offender's conviction for an offence; and
(b) a court is satisfied the offender has breached any of the offender's good behaviour obligations.
(2) The court must cancel the good behaviour order and either—
(a) impose the suspended sentence imposed for the offence; or
(b) re-sentence the offender for the offence.
(3) If the offender has given security under the good behaviour order, the court may also—
(a) order payment of the security to be enforced; and
(b) order the good behaviour order to be cancelled on payment of the security (if the term of the order has not already ended).
(4) The Crimes (Sentencing) Act 2005
applies to the re-sentencing in the same way that it applies to the sentencing of an offender on conviction for the offence.
Example
The Magistrates Court convicted Desmond of an offence. The court sentenced Desmond to imprisonment for 6 months for the offence and made a suspended sentence order for the entire sentence of imprisonment. The court also made a good behaviour order for the 6-month period. Desmond breaches the order. In re-sentencing Desmond, the court may impose a sentence of imprisonment to be served by intensive correction.
(5) To remove any doubt, an offender re-sentenced by a court under this section has the same right of appeal as the offender would have had if sentenced by the court on being convicted of the offence.