Western Australian Current Acts

SENTENCING ACT 1995 - SECT 112

112 .         Facts relevant to making reparation order

        (1)         In deciding whether to make and if so the terms of a reparation order in relation to an offence, a court may take into account as evidence —

            (a)         any evidence given during proceedings for the offence;

            (b)         the content of any record (as defined in the Criminal Procedure Act 2004 ) that is relevant to the offence and that has been disclosed to the offender by the prosecutor under that Act;

            (c)         any statement tendered, or deposition made, or exhibit tendered, at committal proceedings in relation to the offence;

            (d)         any evidence given by a victim or the offender in relation to the making of a reparation order.

        (2)         In deciding whether to make and if so the terms of a reparation order in relation to an offence, a court may take into account —

            (a)         any pre-sentence report given to the court;

            (b)         any victim impact statement given to the court;

            (c)         any mediation report given to the court.

        [Section 112 amended: No. 57 of 1999 s. 28; No. 4 of 2004 s. 58; No. 59 of 2004 s. 141; No. 84 of 2004 s. 65.]