Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If satisfied that
a person has been convicted (in this State or elsewhere) of an offence the
statutory penalty for which is or includes imprisonment and that the offence
was committed during the suspension period of suspended imprisonment, a court
that must deal with the person under this section must deal with the person by
one of these methods:
(a)
unless an order under this paragraph or paragraph (b) has already been
made, it may order the person to serve the term or terms of imprisonment that
were suspended;
(b)
unless an order under this paragraph or paragraph (a) has already been
made, it may order the person to serve part of the term or terms of
imprisonment that were suspended (even if the period to be served is
6 months or less);
(c)
unless the suspension period has ended, it may substitute another suspension
period of not more than 24 months for the suspension period originally
set; the new suspension period to begin on the day it is substituted;
(d) it
may fine the person not more than $6 000 and make no order in respect of
the suspended imprisonment.
(2) The powers in
subsection (1) may be exercised as often as is necessary.
(3) A court must make
an order under subsection (1)(a) unless it decides that it would be
unjust to do so in view of all the circumstances that have arisen, or have
become known, since the suspended imprisonment was imposed.
(4) If a court does
not make an order under subsection (1)(a) it must state its reasons for
not doing so.
(5) If under
subsection (1)(a) or (b) a court orders a person to serve a term, or
part of a term, of imprisonment that was suspended —
(a)
section 88 applies in respect of the term to be served; and
(b) the
court may make a parole eligibility order under section 89,
as if the term to be
served were a term of imprisonment being imposed by the court.
[(6) deleted]
(7) If an order is
made under subsection (1)(d), then, unless the suspension period has
ended, the sentence of suspended imprisonment remains in effect and the
suspension period continues to elapse.
(8) An order by a
superior court under subsection (1) in a case where the sentence of
suspended imprisonment was imposed for an offence for which the person had not
been convicted on indictment is to be taken, for the purposes of an appeal
against sentence, as being made following a conviction on indictment.
[Section 80 amended by No. 57 of 1999
s. 36; No. 27 of 2004 s. 4.]
[Heading inserted by No. 27 of 2004
s. 5.]
[Heading inserted by No. 27 of 2004
s. 5.]