Western Australian Current Acts Western Australian Current Acts (1) A court that
sentences an offender to life imprisonment for murder must either —
(a) set
a minimum period of —
(i)
at least 15 years, if the offence is committed by an
adult offender (within the meaning given in The Criminal Code section 1(1)) in
the course of conduct that constitutes an aggravated home burglary (within the
meaning given in that section); or
(ii)
at least 10 years, in any other case,
that the offender must
serve before being eligible for release on parole; or
(b)
order that the offender must never be released.
(2) Any minimum period
so set begins to run when the sentence of life imprisonment begins.
(3) A court must make
an order under subsection (1)(b) if it is necessary to do so in order to meet
the community’s interest in punishment and deterrence.
(4) In determining
whether an offence is one for which an order under subsection (1)(b) is
necessary, the only matters relating to the offence that are to be taken into
account are —
(a) the
circumstances of the commission of the offence; and
(b) any
aggravating factors.
[Section 90 inserted: No. 29 of 2008 s. 19;
amended: No. 25 of 2015 s. 24.]
[ 91. Deleted: No. 29 of 2008 s. 19.]
[ 92. Deleted: No. 50 of 2003 s. 19.]