Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If a court
sentences an offender in a manner that is not in accordance with this Act or
the written law under which the offence is committed, the court may recall the
order imposing the sentence and impose a sentence that is.
(2) The powers in
subsection (1) may be exercised by a court on its own initiative or on an
application by the offender or the prosecutor made in accordance with the
regulations, but in any event the court must give all parties the opportunity
to be heard.
(3) If a court’s
order imposing a sentence contains a clerical mistake or an error arising from
an accidental slip or omission, the court may correct it at any time on its
own initiative without recalling the order, but the court must ensure that all
parties and relevant authorities are notified of the correction.
(3a) A sentence
imposed or corrected under this section has effect from the time at which the
recalled or incorrect sentence had effect, unless the court orders otherwise.
(4) This section does
not affect any right of appeal against a sentence.
(5) In this
section —
sentence includes an order in addition to
sentence.
[Section 37 amended by No. 5 of 2008
s. 107.]