Western Australian Current Acts Western Australian Current Acts (1) If under this Act
an appeal court decides to impose a sentence, it may do one or more of the
following —
(a)
order that the sentence is to be taken to have taken effect on a date before
the date of the order;
(b)
order that the sentence is to take effect on a date on or after the date of
the order.
(2) If under this Act
an appeal court varies or sets aside a sentence ( sentence A ), it may vary
any other sentence —
(a) that
was imposed at or after the time when sentence A was imposed; and
(b) that
took into account sentence A.
(3) If under this Act
an appeal court decides to vary a sentence, it may do one or more of the
following —
(a) vary
the sentence as imposed;
(b)
impose a different sentence involving a different sentencing option;
(c)
order that the sentence is to be taken to have taken effect on a date before
the date of the order;
(d)
order that the sentence is to take effect on a date on or after the date of
the order.
(4) The appeal court
deciding an appeal that does or may require it to impose a sentence, or to
vary a sentence imposed, on a person for an offence (whether the appeal was
commenced by the person or by the prosecutor) —
(a) may
take into account any matter, including any material change to the
person’s circumstances, relevant to the sentence that has occurred
between when the lower court dealt with the person and when the appeal is
heard; but
(b)
despite paragraph (a), must not take into account the fact that the
court’s decision may mean that the person is again sentenced for the
offence.
(5) If an appeal court
decides to impose a sentence, or vary a sentence already imposed, on a party,
it may do so in the absence of the party, despite the Sentencing Act 1995
section 14.
(6) If an appeal
court, in deciding an appeal in relation to a person sentenced to imprisonment
—
(a) sets
aside the sentence; or
(b)
varies the sentence, or amends the conviction in respect of which the sentence
was imposed; or
(c)
confirms the sentence,
the court must send a
memorandum setting out the result of the appeal to the chief executive officer
(as defined in the Prisons Act 1981 ).
(7) If subsection
(6)(a) applies and the court does not impose another sentence of imprisonment
on the person, the person must be released as soon as practicable after the
memorandum is received by the chief executive officer, unless the person is
required to be in custody for some other matter.
(8) If subsection
(6)(b) applies, the warrant for the imprisonment of the person previously
issued and in force has effect as if it were amended in accordance with the
memorandum.
(9) The memorandum is
to be put in the records of the department (as defined in the Prisons Act 1981
) and is evidence of the matters stated in it.
(10) This section is
in addition to and does not affect the operation of the Sentencing Act 1995
except as expressly stated.
[Section 41 amended: No. 2 of 2008 s. 39.]