Western Australian Current Acts

CRIMINAL PROCEDURE ACT 2004 - SECT 100

100 .         Convicted accused committed for sentence, procedure on

        (1)         This section applies if an accused is committed for sentence for an offence by a court of summary jurisdiction having been convicted of it by that court.

        (2)         The superior court —

            (a)         must not require the accused to plead to the charge in the prosecution notice sent to the superior court under section 46; and

            (b)         must proceed to sentence the accused having regard to the other material sent to the superior court under section 46 and any other information the court thinks fit.

        (3)         Subsection (2)(b) does not affect the operation of the Sentencing Act 1995 .

        (4)         The sentence imposed on the accused is to be taken, for all purposes, to be a sentence imposed by the superior court on indictment.