Western Australian Current Acts Western Australian Current Acts (1) This Division
applies to the sentencing of the offender for a serious offence (the current
offence ) if —
(a) the
offender is a person who has committed and been found guilty of an offence for
which a custodial sentence ( sentence 1 ) was imposed; and
(b)
after being released from custody having served a portion or the whole of
sentence 1, the offender committed and was found guilty of another offence for
which another custodial sentence ( sentence 2 ) was imposed; and
(c)
after being released from custody having served a portion or the whole of
sentence 2, the offender committed the current offence; and
(d) the
court, after taking into account the offender’s history of re-offending
after release from custody, is satisfied that there is a high probability that
the offender would commit further offences of a kind for which custodial
sentences could be imposed.
(2) Where the sequence
referred to in subsection (1)(b) of release, re-offending and imposition of
another custodial sentence has occurred more than once, the reference to
sentence 2 in subsection (1)(c) is a reference to the custodial sentence most
recently imposed.
(3) In subsection (1)
serious offence means —
(a) a
Schedule 2 offence; or
(b) an
offence under section 401 of The Criminal Code , or the offence of counselling
or procuring the commission of an offence under that section, for which the
offender was convicted on indictment.