Western Australian Current Acts Western Australian Current Acts (1) When a list of
pending charges has been prepared and served, the superior court must ask the
offender —
(a) to
plead to any of the pending charges listed which the offender has not
previously been convicted of; and
(b) to
say if he or she wants the superior court to also pass sentence for each of
those pending charges that he or she is convicted of.
(2) If the State
consents and the superior court considers that it is just to do so, it may, in
addition to sentencing the offender for the original offence, also sentence
the offender for each of the pending charges the offender is convicted of and
wants dealt with.
(3) A sentence imposed
by a superior court on a person for a pending charge is to be taken, for the
purposes of an appeal against sentence, as being a sentence imposed following
conviction on indictment.
(4) A pending charge
that was not dealt with by the superior court may be dealt with by the court
before which it was pending.
(5) If an offender
pleaded guilty before the superior court to a pending charge but it was not
dealt with by that court, the plea is not admissible in any proceedings for
that charge.
[Section 33 amended: No. 41 of 2006 s. 79.]
[Heading inserted: No. 50 of 2003 s. 6.]
[Heading inserted: No. 50 of 2003 s. 6.]