A Magistrate must expressly consider and apply s 6(4) of the Sentencing Act 1995 (WA) before imposing a sentence of imprisonment, and failure to do so constitutes an error warranting appellate intervention. An offence of being on curtilage without lawful excuse, even where the circumstances suggest involvement in burglary, does not necessarily warrant imprisonment where the offender is young, has family responsibilities, and has been free of relevant offending for a significant period.
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