Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The prescribed
period for a conviction is —
(a)
10 years plus any period of imprisonment relevant to that conviction,
reckoned in accordance with this section; or
(b)
where applicable, the period provided for by subsection (4).
(2) If any such
imprisonment is for an indeterminate period —
(a) the
period of 10 years commences with the day on which the person is
discharged from that sentence; and
(b) the
period of imprisonment is the actual period served.
(3) In all other cases
where a sentence of imprisonment is imposed —
(a) the
period of 10 years commences with the day on which the conviction is
incurred; and
(b) the
period of imprisonment (if any) is the period imposed, regardless of the
period actually served.
(4) Notwithstanding
subsections (2) and (3), if at the time when a person incurs a
conviction, including a conviction for an offence against Commonwealth law or
the law of another State or of a Territory, (in this subsection called the
latest conviction ) he has any other conviction that is not a spent conviction
(in this subsection called any previous conviction ) —
(a) the
prescribed period that has elapsed for any previous conviction shall be
disregarded and the prescribed period for the latest conviction and any
previous conviction shall —
(i)
be the longer or longest of the prescribed periods for
all those convictions; and
(ii)
that period shall commence to run from the time of the
latest conviction;
and
(b) if a
sentence of imprisonment in respect of the latest conviction is ordered to be
served cumulatively on a sentence of imprisonment ordered to be served in
respect of any previous conviction, the period of the sentence imposed for the
latest conviction shall be added to the prescribed period for that previous
conviction.
(5) In
subsection (4) the latest conviction does not include a conviction for
which no punishment, or only minor punishment, was imposed.