Western Australian Current Acts

SENTENCING ACT 1995 - SECT 127

127 .         Court may confirm, amend or cancel

        (1)         If on an application under section 126 a court is satisfied —

            (a)         that the circumstances of the offender were wrongly or inaccurately presented to the court when it was sentencing the offender; or

            (b)         that the circumstances of the offender have so altered since the court passed sentence that the offender will not be able to comply with the requirements of the CRO or community order,

                and that it is just to do so, the court may make an order under subsection (2) but otherwise it must confirm the CRO or community order.

        (2)         If a court may make an order under this subsection, it may either —

            (a)         amend the CRO or community order; or

            (b)         cancel the CRO or community order and sentence the person for the offence for which the CRO or community order was imposed in any manner the court could if it had just convicted the person of that offence.