Combining Imprisonment Orders with other Orders
Suspended Sentence and Community Service/Probation
It has been said that there is not necessarily an inconsistency in imposing a Community Service Order with a concurrent Suspended Sentence (R v Vincent (2000) 112 A Crim R 433 at 436).
Further, “[t]here is no inconsistency or difficulty in compliance where an offender is released upon a suspended sentence at the same time the offender is placed upon probation” (R v Hood [2005] QCA 159 at para 48) cf R v Hughes [2000] QCA 16.
Further, “[t]here is no inconsistency or difficulty in compliance where an offender is released upon a suspended sentence at the same time the offender is placed upon probation” (R v Hood [2005] QCA 159 at para 48) cf R v Hughes [2000] QCA 16.
Prison/Probation
These orders can be made in relation to the one offence, in accordance with section 92(1)(b) Penalties and Sentences Act (Qld) 1992. They can only be made if a term of imprisonment of less than 1 year is made and it can be combined with a term of probation of not less than 9 months and not more than 3 yrs. The period of probation is counted from the day the order is made – but requirements start once released. Convictions are mandatory if this order is made. (s91(b)).
Imprisonment and Intensive Correction Order
Note the limitations provided in s118. However see R v Skinner ex parte A-G [2001] 1 Qd R 322 where it was found that there was no legal impediment to an Intensive Correction Order being served cumulatively upon an activated suspended sentence.