Sword or Butter Knife? A Breach Analysis of Suspended Sentences in Tasmania

Suspended sentences are a widely used but controversial sentencing disposition. To date, most breach analyses have only examined court action taken in respect of alleged breaches, not instances where the suspended sentence was apparently breached but no court action was taken. This article examines all partly and wholly suspended sentences imposed in the Tasmanian Supreme Court over a two-year period and the number of cases breached, whether or not the breach was prosecuted. The findings demonstrate that most apparent breaches of suspended sentences are not prosecuted. Data are presented on the nature of the offences committed in breach and the seriousness and frequency of offending. The article also examines the relevance of key sentencing variables, including age, prior record, gender, length of sentence and operational period and analyses relevant time periods for breach and breach action. The research and policy implications of the findings are also considered.