s. 27 (1A) In considering whether it is desirable in the S. 27(1A) circumstances to make an order suspending a inserted by No. 82/2006 sentence of imprisonment, the Magistrates' Court s. 4(1), must have regard to— amended by No. 32/2013 (a) the need, considering the nature of the s. 6(2). offence, its impact on any victim of the offence and any injury, loss or damage resulting directly from the offence, to ensure that the sentence— (i) adequately manifests the denunciation by the court of the type of conduct in which the offender engaged; and (ii) adequately deters the offender or other persons from committing offences of the same or a similar character; and (iii) reflects the gravity of the offence; and (b) any previous suspended sentence of S. 27(1A)(b) amended by imprisonment imposed on the offender and No. 26/2012 whether the offender contravened the order s. 30(1). suspending that sentence; and (c) without limiting paragraph (b), whether the offence was committed during the operational period of a suspended sentence of imprisonment; and (d) the degree of risk of the offender committing another offence punishable by imprisonment during the operational period of the sentence, if it were to be suspended. S. 27(1B) (1B) Nothing in subsection (1A) limits or affects Part 2. inserted by No. 82/2006 s. 4(1).
S. 27(1A) inserted by No. 82/2006 s. 4(1), amended by No. 32/2013 s. 6(2). (1A) In considering whether it is desirable in the circumstances to make an order suspending a sentence of imprisonment, the Magistrates' Court must have regard to— (a) the need, considering the nature of the offence, its impact on any victim of the offence and any injury, loss or damage resulting directly from the offence, to ensure that the sentence— (i) adequately manifests the denunciation by the court of the type of conduct in which the offender engaged; and s. 27 (ii) adequately deters the offender or other persons from committing offences of the same or a similar character; and (iii) reflects the gravity of the offence; and S. 27(1A)(b) amended by No. 26/2012 s. 30(1). (b) any previous suspended sentence of imprisonment imposed on the offender and whether the offender contravened the order suspending that sentence; and (c) without limiting paragraph (b), whether the offence was committed during the operational period of a suspended sentence of imprisonment; and (d) the degree of risk of the offender committing another offence punishable by imprisonment during the operational period of the sentence, if it were to be suspended. S. 27(1B) inserted by No. 82/2006 s. 4(1). (1B) Nothing in subsection (1A) limits or affects Part 2.