Western Australian Current Acts Western Australian Current Acts (1) This section
applies to an offender who is a natural person.
(2) Subject to
sections 41 to 45, a court sentencing an offender may —
(a) with
or without making a spent conviction order, under Part 6 impose no sentence
and order the release of the offender; or
(b) with
or without making a spent conviction order, under Part 7 impose a CRO and
order the release of the offender; or
(c) with
or without making a spent conviction order, under Part 8 impose a fine and
order the release of the offender (unless an order under section 58 is made);
or
(ca)
with or without making a spent conviction order, under Part 8A impose a
suspended fine; or
(d) with
or without making a spent conviction order, under Part 9 impose a CBO and
order the release of the offender; or
(e)
under Part 10 impose an ISO and order the release of the offender; or
(f)
under Part 11 impose suspended imprisonment and order the release of the
offender; or
(g)
under Part 12 impose CSI and order the release of the offender; or
(h)
under Part 13 impose a term of imprisonment.
(3) A court must not
use a sentencing option in subsection (2) unless satisfied, having regard to
Division 1 of Part 2, that it is not appropriate to use any of the options
listed before that option.
(4) A court must not
use more than one of the sentencing options in subsection (2) when sentencing
an offender for an offence except where section 41 or 42 applies.
(5) A court that under
subsection (2)(a) imposes no sentence is nevertheless taken to have sentenced
the offender.
(6) A court sentencing
an offender may also make a disqualification order under Part 15, and any such
order is to be taken as being part of the sentence.
(7) A court sentencing
an offender may also make a reparation order under Part 16, but any such order
is not to be taken as being part of the sentence.
(8) A court sentencing
an offender may also make an order or declaration under Part 17, but any such
order or declaration is not to be taken as being part of the sentence.
[Section 39 amended: No. 29 of 1998 s. 18; No. 27
of 2004 s. 6(3); No. 45 of 2016 s. 49; No. 30 of 2020 s. 19.]