Breaches of violence restraining orders under the Restraining Orders Act 1997 (WA) cannot be treated as 'trivial' or 'technical' offences for the purposes of s 46 of the Sentencing Act 1995 (WA), and a decision to impose no sentence for such breaches will be set aside on appeal. The word 'technical' in s 46 should be given a narrow interpretation, confined to strict or formal breaches of a minor character, and does not extend to clear breaches of social legislation. A Magistrate invoking s 46 must give reasons explaining how the preconditions are met.
The full text is available to signed-in members, including the 16 later cases that cite this judgment.
2 of the 16 citing cases carry a classified treatment. How each court treated it is available to signed-in members.