Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If a court
convicts a person of an offence the statutory penalty for which is or includes
imprisonment and that offence was committed during the suspension period of
suspended imprisonment imposed on the person in relation to another offence,
the court —
(a) if
it is the Magistrates Court, must deal with the person under section 80
unless the suspended imprisonment was imposed —
(i)
by the Children’s Court for an indictable offence;
or
(ii)
by a superior court,
in which case the
court must commit the person to the court that imposed the suspended
imprisonment and that court must deal with the person under section 80;
(b) if
it is the District Court, must deal with the person under section 80
unless the suspended imprisonment was imposed by the Children’s Court or
the Supreme Court for an offence which the District Court would not have
jurisdiction to deal with if it were committed by an adult, in which case the
Court must commit the person to the court that imposed the suspended
imprisonment and that court must deal with the person under section 80;
or
(c) if
it is the Supreme Court, must deal with the person under section 80.
(2) The powers in
subsection (1) may be exercised by a court at any time, even if the
suspension period has ended.
(3)
Subsection (1) does not affect the powers of the court that convicts the
person of the offence committed during the suspension period to deal with the
person for that offence.
(4) A court that under
subsection (1) commits a person to another court must certify that the
person has been convicted of an offence committed during the suspension
period.
(5) A certificate by a
court under subsection (4) is, in the absence of evidence to the
contrary, evidence of its contents.
[Section 78 amended by No. 59 of 2004
s. 141.]