Western Australian Current Acts

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SENTENCING ACT 1995 - SECT 128

128 .         Re-offender may be dealt with or committed

        (1)         If a court convicts a person of an offence (other than an offence under section 131(1)) the statutory penalty for which is or includes imprisonment and the offence was committed while the person was subject to a CRO or community order imposed in relation to another offence, then, even though there is no notice lodged under section 129, the court —

            (a)         if it is the Children’s Court, may deal with the person under section 130 unless the CRO or community order was imposed by a superior court in which case it must commit the person to that court and that court may deal with the person under section 130;

            (b)         if it is the Magistrates Court, may deal with the person under section 130 unless the CRO or community order was imposed —

                  (i)         by the Children’s Court for an indictable offence; or

                  (ii)         by a superior court,

                in which case the court must commit the person to the court that imposed the order and that court may deal with the person under section 130;

            (c)         if it is the District Court, may deal with the person under section 130 unless the CRO or community order was imposed by the Children’s Court or the Supreme Court for an offence which the District Court would not have jurisdiction to deal with if it were committed by an adult, in which case the Court must commit the person to the court that imposed the order and that court may deal with the person under section 130;

            (d)         if it is the Supreme Court, may deal with the person under section 130.

        (2)         A court that under subsection (1) commits a person to another court must certify that the person has been convicted of an offence committed while subject to a CRO or community order (as the case may be).

        (3)         The powers in subsection (1) may be exercised by a court at any time, irrespective of whether or not the CRO or community order is still in force.

        (4)         Subsection (1) does not affect the powers of the court that convicts a person of the offence committed while the person was subject to a CRO or community order to deal with the person for that offence.

        [Section 128 amended: No. 59 of 2004 s. 141; No. 84 of 2004 s. 65.]



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