Western Australian Current Acts Western Australian Current Acts (1) An offender
sentenced to a fixed term is to serve that term concurrently with any other
fixed term that he or she is serving or has yet to serve, unless the
sentencing court makes an order under subsection (3).
(2) An offender
sentenced at the one time to one or more fixed terms is to serve those terms
concurrently, unless the court makes an order under subsection (3).
(3) If at the time an
offender is sentenced to a fixed term —
(a) the
offender is serving or has yet to serve another fixed term imposed previously;
or
(b) the
offender is then also sentenced to serve another fixed term,
the sentencing court
may order that —
(c) the
fixed term is to be served cumulatively on the other fixed term; or
(d) the
fixed term is to be served partly concurrently with the other fixed term.
(4) If under
subsection (3)(d) a court orders that a term is to be served partly
concurrently with another fixed term, the court must specify the period of the
other fixed term that is to be served before the partly concurrent term is to
begin, but that period must not extend beyond the earliest date on which the
offender could be released (whether on parole or not) in relation to the other
fixed term.
(5) An offender
sentenced to life imprisonment is to serve that sentence concurrently with any
other term that he or she is serving or has yet to serve.
[Section 88 amended: No. 57 of 1999 s. 6(3); No.
50 of 2003 s. 17; No. 29 of 2008 s. 22(2).]
[ 89A. Modifications to be applied in order to
give effect to Cross-border Justice Act 2008: section inserted 1 Nov 2009. See
endnote 1M.]