Western Australian Current Acts

SENTENCING ACT 1995 - SECT 33O

33O .         Re-offending while subject to PSO, consequences of

        (1)         This section applies if —

            (a)         a court convicts a person of an offence the statutory penalty for which is or includes imprisonment; and

            (b)         the offence was committed while the person was subject to a PSO made in relation to another offence.

        (2)         The court —

            (a)         if it is the Children’s Court, may deal with the person under subsection (5) unless the PSO was made by a superior court in which case it must commit the person to that court and that court may deal with the person under subsection (5);

            (b)         if it is the Magistrates Court, may deal with the person under subsection (5) unless the PSO was made —

                  (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 made the PSO and that court may deal with the person under subsection (5);

            (c)         if it is the District Court, may deal with the person under subsection (5) unless the PSO was made 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 made the PSO and that court may deal with the person under subsection (5);

            (d)         if it is the Supreme Court, may deal with the person under subsection (5).

        (3)         A court that under subsection (2) commits a person to another court must certify that the person has been convicted of an offence committed while subject to a PSO.

        (4)         Subsection (2) does not affect the powers of the court that convicts a person of the offence committed while the person was subject to a PSO to deal with the person for that offence.

        (5)         A court that may deal with an offender under this subsection may —

            (a)         if the PSO is in force —

                  (i)         confirm the PSO; or

                  (ii)         amend the PSO in any of the ways described in section 33N(2)(a); or

                  (iii)         cancel the PSO and sentence the offender;

            (b)         if the PSO is not in force and the offender has been sentenced for the offence or offences to which the PSO applied, recall the order imposing the sentence and impose a sentence that takes account of —

                  (i)         the fact that the offender committed an offence while subject to the PSO; and

                  (ii)         the extent to which the offender has complied with any orders made under the sentence imposed for the offence or offences to which the PSO applied.

        [Section 33O inserted: No. 50 of 2003 s. 6; amended: No. 59 of 2004 s. 141; No. 41 of 2006 s. 73.]