Western Australian Current Acts Western Australian Current Acts (1) If satisfied that
a person has been convicted (in this State or elsewhere) of an offence the
statutory penalty for which is or includes imprisonment and that the offence
was committed during the suspension period of CSI, a court that must deal with
the person under this section must deal with the person by one of the
following methods —
(a)
unless an order under this paragraph, paragraph (b) or section 84L(1)(a) or
(b) has already been made, it may order the person to serve the term or terms
of imprisonment that were suspended;
(b)
unless an order under this paragraph, paragraph (a) or section 84L(1)(a) or
(b) has already been made, it may order the person to serve part of the term
or terms of imprisonment that were suspended (even if the period ordered to be
served is 6 months or less);
(c)
unless the suspension period has ended, it may substitute another suspension
period of not more than 24 months for the suspension period originally set;
the new suspension period to begin on the day it is substituted;
(d) it
may fine the person not more than $6 000 and make no order in respect of the
CSI.
(2) The powers in
subsection (1) may be exercised as often as is necessary.
(3) A court must make
an order under subsection (1)(a) unless it decides that it would be unjust to
do so in view of all the circumstances that have arisen, or have become known,
since the CSI was imposed.
(4) If a court does
not make an order under subsection (1)(a) it must give written reasons for not
doing so.
[(5A) deleted]
(5) If under
subsection (1)(a) or (b) a court orders a person to serve a term, or part of a
term, of imprisonment that was suspended —
(a)
section 88 applies in respect of the term to be served; and
(b) the
court may make a parole eligibility order,
as if the term to be
served were a term of imprisonment being imposed by the court.
(6) If an order is
made under subsection (1)(d), then, unless the suspension period has ended,
the sentence of CSI remains in effect and the suspension period continues to
elapse.
(7) An order by a
superior court under subsection (1) in a case where the sentence of CSI was
imposed for an offence for which the person had not been convicted on
indictment is to be taken, for the purposes of an appeal against sentence, as
being made following a conviction on indictment.
[Section 84F inserted: No. 27 of 2004 s. 5;
amended: No. 20 of 2013 s. 129; No. 45 of 2016 s. 70.]
[Heading inserted: No. 27 of 2004 s. 5.]