Western Australian Current Acts

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SENTENCING ACT 1995 - SECT 84K

84K .         Offence under s. 84J, procedure and penalty for

        (1)         Subject to subsection (2), if the Children’s Court convicts a person of an offence under section 84J(1), the Court may fine the person not more than $1 000 and must deal with the person under section 84L.

        (2)         However, if a superior court imposed the CSI, the Children’s Court must commit the person to that superior court and that court may fine the person not more than $1 000 and must deal with the person under section 84L.

        (3)         Subject to subsection (4), if some other court of summary jurisdiction convicts a person of an offence under section 84J(1), the court may fine the person not more than $1 000 and must deal with the person under section 84L.

        (4)         However, subject to section 84R, if the CSI was imposed —

            (a)         by the Children’s Court for an indictable offence; or

            (b)         by a superior court,

                the court of summary jurisdiction must commit the person to the court that imposed the CSI and that court may fine the person not more than $1 000 and must deal with the person under section 84L.

        (5)         Subsections (1) to (4) have effect even if the suspension period has ended.

        (6)         A court that under subsection (2) or (4) commits a person to another court must certify that the person has been convicted of an offence under section 84J(1).

        (7)         A certificate by a court under subsection (6) is, in the absence of evidence to the contrary, evidence of its contents.

        [Section 84K inserted: No. 27 of 2004 s. 5; amended: No. 20 of 2013 s. 130.]



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