Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
minimum fine means a pecuniary penalty provided
for or in relation to an offence that is expressed to be a minimum penalty,
whether by the use of the expression “minimum penalty” or
“not less than” or another like expression.
(2) Without limiting
the Sentencing Act 1995 , and despite any other written law, a minimum
fine in this Act is irreducible in mitigation.
(3) A court sentencing
a person who has been convicted of —
(a) a
first offence against section 63 or 67; or
(b) an
offence against section 64 or 67A,
may, instead of
imposing a fine —
(c)
order the release of the person and impose a community based order under
Part 9 of the Sentencing Act 1995 with at least a community service
requirement as a primary requirement of the order; or
(d) if
the offender is a young person under the Young Offenders Act 1994 ,
subject to sections 50, 50A and 50B of that Act, make a youth community
based order under that Act imposing at least community work conditions on the
offender.
(4) If a court
sentencing a person who has been convicted of —
(a) an
offence against section 49 committed in the circumstances mentioned in
section 49(3); or
(b) a
second or subsequent offence against section 63 or 67,
orders the release of
the offender and imposes a community based order or an intensive supervision
order under the Sentencing Act 1995 , the court must impose at least a
community service requirement as a primary requirement of the order.
(5) If a court
sentencing a person who has been convicted of —
(a) an
offence against section 49 committed in the circumstances mentioned in
section 49(3); or
(b) a
second or subsequent offence against section 63 or 67,
orders the release of
the offender and imposes a youth community based order or an intensive youth
supervision order under the Young Offenders Act 1994 , the court must
impose community work conditions on the offender as part of the order.
(6) A court sentencing
a person who has been convicted of an offence against section 64AB must
order a pre-sentence report about the offender under the
Sentencing Act 1995 Part 3 Division 3.
(7) A court sentencing
a person who has been convicted of a first offence against section 64AB
or 67AA must, instead of or in addition to imposing a fine —
(a)
order the release of the person and impose a community based order under the
Sentencing Act 1995 with at least a programme requirement as a primary
requirement of the order; or
(b) if
the offender is a young person under the Young Offenders Act 1994 ,
subject to sections 50, 50A and 50B of that Act, make a youth community
based order under that Act imposing at least attendance conditions on the
offender.
(8) A court sentencing
a person who has been convicted of a second or subsequent offence against
section 64AB or 67AA must, instead of or in addition to imposing a
fine —
(a)
order the release of the person and impose a community based order under the
Sentencing Act 1995 with at least a supervision requirement and a
programme requirement as primary requirements of the order; or
(b)
order the release of the person and impose an intensive supervision order
under the Sentencing Act 1995 with at least a programme requirement as a
primary requirement of the order; or
(c) if
the offender is a young person under the Young Offenders Act 1994 ,
subject to sections 50, 50A and 50B of that Act, make a youth community
based order, or an intensive youth supervision order, under that Act imposing
at least attendance conditions and supervision conditions on the offender.
(9)
Subsections (7) and (8) apply despite the Sentencing Act 1995
section 39(3) and (4) and the Young Offenders Act 1994
section 74.
(10)
Subsection (8) does not apply if the court imposes a custodial sentence
on the offender.
[Section 106 inserted by No. 50 of 2003
s. 28; amended by No. 74 of 2003 s. 105(4); No. 54 of 2006
s. 34; No. 6 of 2007 s. 21.]