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PENALTIES AND SENTENCES ACT 1992 - SECT 82
Imprisonment to be reduced proportionate to amount of fine paid or community service performed
82 Imprisonment to be reduced proportionate to amount of fine paid or
community service performed
(1) Subject to subsection (3) , if an original order is wholly reinstated
under section 78 (a) , the period of the default imprisonment in relation to
the fine mentioned in the order is the period calculated in accordance with
the following formula—
(2) In subsection (1) —
"AF" (amount of fine) means the total amount of the fine under the order.
"AP" (amount of penalty) means the total amount of the penalty under the
order.
"DF" (default fine) means the default imprisonment for failing to pay the
whole of the fine mentioned in the order.
"DP" (default penalty) means the default imprisonment for failing to pay the
whole of the penalty mentioned in the order. Example— Original order—
| AF | (Fine | $450.00 |
| | (Costs of court | $50.00 |
| | | $500.00 |
| | | |
| | Restitution | $500.00 |
| | | |
| AP | Penalty | $1,000.00 |
| | | |
| DP | Default imprisonment | 10 weeks |
| DF | = | |
| | = | |
| | = | 5 weeks |
Note: This is a hypothetical example only and should not be construed to
imply any relevance of the values used.
(3) Subsection (4) applies if—
(a) the fine mentioned in the original order has been paid in part; or
(b)
the offender has performed part of the community service required to be
performed by the relevant fine option order.
(4) If this subsection applies,
the period of default imprisonment is to be the period calculated in
accordance with the following formula—
(5) In subsection (4) —
"AF" has the meaning given by subsection (2) .
"DF" has the meaning given by subsection (2) (and is calculated in accordance
with subsection (1) ).
"HCS" (hours of community service) means the number of hours for which the
offender is required to perform community service under the fine option order.
"HP" (hours performed) means the number of hours for which community service
has been performed by the offender under the fine option order.
"PDI" (period of default imprisonment) means the period of the default
imprisonment that still has to be served.
"PP" (part payment) means the amount of the part of the fine that has been
paid. Example— If a fine has been converted to a fine option order for 90
hours (HCS) and the offender has paid $200.00 (PP) and performed 18 hours of
community service (HP)—
| PDI | = | DF | – | |
| | = | 5 | – | |
| | = | 5 | – | |
| | = | 5 | – | |
| | = | 5 | – | 3 |
| | = | 2 weeks | | |
Note: This is a hypothetical example only and should not be construed to
imply any relevance of the values used.
(6) If the original order requires
the payment of restitution or compensation, the default imprisonment that
relates to the nonpayment of the restitution or compensation is not affected
by this section.
(7) Subsection (1) does not apply so far as the original
order makes provision for default imprisonment if the whole, or part, of the
fine is not paid.
(8) For the purpose of determining the results of any
calculation made under this section, a part of any hour, day, week or month (a
"unit" ) is to be rounded to the nearest whole number and, in the case of a
half of a unit, the unit is to be rounded up to the nearest whole number.
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