Western Australian Current Acts Western Australian Current Acts (1) If —
(a) a
court reduces the sentence it would otherwise have imposed on an offender for
an offence (the full sentence ) because the offender undertakes to assist law
enforcement authorities; and
(b) the
offender subsequently fails wholly or partly to fulfil the undertaking,
the court may recall
the order imposing the sentence (the reduced sentence ) and impose a sentence
based on the full sentence but taking into account the extent to which the
reduced sentence has taken effect and the extent to which the offender has
complied with any orders made under it.
(2) The powers in
subsection (1) may be exercised by a court only on an application by the
prosecutor made in accordance with the regulations, but the court must give
all parties the opportunity to be heard.
(3) The powers in
subsection (1) may be exercised by a court even if the reduced sentence has
been varied on appeal, and in that case any sentence imposed must be based on
the varied sentence and the court must take into account the extent to which
the varied sentence has taken effect and the extent to which the offender has
complied with any orders made under it.
(4) A sentence imposed
under this section may be appealed.
(5) In this section
—
sentence includes an order in addition to
sentence.
[Section 37A inserted: No. 29 of 1998 s. 16.]