Western Australian Consolidated Acts Western Australian Consolidated Acts (1) This section
applies to an offender who is a natural person.
(2) Subject to
sections 41 to 45, a court sentencing an offender may —
(a) with
or without making a spent conviction order, under Part 6 impose no
sentence and order the release of the offender; or
(b) with
or without making a spent conviction order, under Part 7 impose a CRO and
order the release of the offender; or
(c) with
or without making a spent conviction order, under Part 8 impose a fine
and order the release of the offender (unless an order under section 58
is made); or
(d) with
or without making a spent conviction order, under Part 9 impose a CBO and
order the release of the offender; or
(e)
under Part 10 impose an ISO and order the release of the offender; or
(f)
under Part 11 impose suspended imprisonment and order the release of the
offender; or
(g)
under Part 12 impose CSI and order the release of the offender; or
(h)
under Part 13 impose a term of imprisonment.
(3) A court must not
use a sentencing option in subsection (2) unless satisfied, having regard
to Division 1 of Part 2, that it is not appropriate to use any of
the options listed before that option.
(4) A court must not
use more than one of the sentencing options in subsection (2) when
sentencing an offender for an offence except where section 41 or 42
applies.
(5) A court that under
subsection (2)(a) imposes no sentence is nevertheless taken to have
sentenced the offender.
(6) A court sentencing
an offender may also make a disqualification order under Part 15, and any
such order is to be taken as being part of the sentence.
(7) A court sentencing
an offender may also make a reparation order under Part 16, but any such
order is not to be taken as being part of the sentence.
(8) A court sentencing
an offender may also make an order under Part 17, but any such order is
not to be taken as being part of the sentence.
[Section 39 amended by No. 29 of 1998
s. 18; No. 27 of 2004 s. 6(3).]