Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Mitigating factors
are factors which, in the court’s opinion, decrease the culpability of
the offender or decrease the extent to which the offender should be punished.
(2) A plea of guilty
by an offender is a mitigating factor and the earlier in proceedings that it
is made, or indication is given that it will be made, the greater the
mitigation.
(3) The fact that
criminal property confiscation has occurred or may occur is not a mitigating
factor.
(3a) However, except
in the case of derived property, facilitation by the offender of criminal
property confiscation is a mitigating factor.
(4) If because of a
mitigating factor a court reduces the sentence it would otherwise have imposed
on an offender, the court must state that fact in open court.
(5) If because an
offender undertakes to assist law enforcement authorities a court reduces the
sentence it would otherwise have imposed on the offender, the court must state
that fact and the extent of the reduction in open court.
(6) In this
section —
criminal property confiscation means —
(a)
confiscation of derived property or any other property under section 6, 7
or 8 of the Criminal Property Confiscation Act 2000 ; or
(b)
confiscation or forfeiture to the State of derived property under any other
written law;
derived property means property derived or
realised, directly or indirectly, by the offender, or that is subject to the
effective control of the offender, as a result of the commission of the
offence.
[Section 8 amended by No. 29 of 1998
s. 15; No. 26 of 2004 s. 7; No. 41 of 2006 s. 71(1) and
79.]