A late diagnosis of a medical condition (here, ADHD) that provides a likely explanation for a pattern of offending behaviour can constitute a circumstance justifying suspension of sentences for driving under suspension (even on a fifth offence) and can make it unjust under s 80(3) of the Sentencing Act 1995 (WA) to activate previously suspended sentences. A sentence of 15 months' imprisonment for a fifth offence of driving under suspension, where the offender had not previously been sentenced to immediate imprisonment for that offence, was held excessive; six months was appropriate.
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