Western Australian Current Acts

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SENTENCING ACT 1995 - SECT 7

7 .         Aggravating factors

        (1)         Aggravating factors are factors which, in the court’s opinion, increase the culpability of the offender.

        (2)         An offence is not aggravated by the fact that —

            (a)         the offender pleaded not guilty to it; or

            (b)         the offender has a criminal record; or

            (c)         a previous sentence has not achieved the purpose for which it was imposed.

        (3)         If the statutory penalty for an offence is greater if the offence is committed in certain circumstances than if it is committed without the existence of those circumstances, then —

            (a)         an offender is not liable to the greater statutory penalty unless he or she has been charged and convicted of committing the offence in those circumstances; and

            (b)         whether or not the offender was so charged, the existence of those circumstances may be taken into account as aggravating factors.



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