Western Australian Current Acts

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SENTENCING ACT 1995 - SECT 145A

145A .         Existence of circumstances of aggravation is question for judge to determine

        (1)         In this section —

        circumstances of aggravation means circumstances in which an offence is committed that —

            (a)         are not elements of the offence; and

            (b)         increase the statutory penalty for the offence.

        (2)         If, on a plea of guilty by the accused, a superior court is required to determine in proceedings under this Act whether the offence was committed in circumstances of aggravation, that determination is the determination of a question of fact for the purposes of section 146.

        [Section 145A inserted: No. 45 of 2016 s. 46.]



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