Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If a superior
court —
(a)
sentences an offender for an indictable offence to a term of imprisonment; and
(b) does
not suspend that imprisonment; and
(c) does
not make a parole eligibility order under Part 13 in respect of that
term,
it may in addition to
imposing the term of imprisonment for the offence (the nominal sentence ),
order the offender to be imprisoned indefinitely.
(2) Indefinite
imprisonment must not be ordered unless the court is satisfied on the balance
of probabilities that when the offender would otherwise be released from
custody in respect of the nominal sentence or any other term, he or she would
be a danger to society, or a part of it, because of one or more of these
factors:
(a) the
exceptional seriousness of the offence;
(b) the
risk that the offender will commit other indictable offences;
(c) the
character of the offender and in particular —
(i)
any psychological, psychiatric or medical condition
affecting the offender;
(ii)
the number and seriousness of other offences of which the
offender has been convicted;
(d) any
other exceptional circumstances.
(3) In deciding
whether an offender is a danger to society, or a part of it, the
court —
(a) is
not bound by section 6 but is bound by any guidelines on the imposition
of indefinite imprisonment in a guideline judgment given under
section 143; and
(b) may
have regard to such evidence as it thinks fit.