Western Australian Current Acts Western Australian Current Acts (1) In this section
—
aid , in relation to the breach of an order, means
—
(a) do
or omit to do any act for the purpose of enabling or aiding a person bound by
the order to commit the breach; or
(b) aid
a person bound by the order to commit the breach; or
(c)
counsel or procure a person bound by the order to commit the breach;
bound person , in relation to an order, means the
person bound by the order;
order means a restraining order or a police order;
protected person , in relation to an order, means
the person protected by the order.
(2) In the sentencing
of a bound person for an offence under section 61, any aiding of the breach of
the order by the protected person is not a mitigating factor for the purposes
of the Sentencing Act 1995 section 8(1) if the protected person is in a
family relationship with the bound person.
(2A) However,
subsection (2) does not apply if —
(a) the
protected person, without any influence on the part of the bound person
(including any influence attributable to family violence), initiated the
breach of the order; and
(b) at
the time of the commission of the offence, no conduct of the bound person
(whether or not constituting part of the offence) constituted family
violence).
(3) Despite The
Criminal Code section 7, the protected person does not commit an offence under
section 61 by aiding the breach of the order.
(4) However in the
case of a breach of a restraining order, the court sentencing the bound person
may, if it is satisfied that the protected person aided the breach, on its own
initiative exercise the powers in section 49(1)(b) and (c) and (1a) as if it
were hearing an application under section 45, and section 49(1b) to (5) apply
with any necessary modifications.
[Section 61B inserted: No. 32 of 2011 s. 15;
amended: No. 30 of 2020 s. 75.]