Conditional release orders with spent conviction orders may be appropriate for wildlife conservation offences committed by persons with bona fide scientific interests and community service backgrounds, even where offending was deliberate and prolonged, provided the Magistrate has properly considered the seriousness of the offences and the hierarchy of sentencing options under the Sentencing Act 1995 (WA). The error principle from House v The King applies to Crown appeals from Magistrates under s 186 of the Justices Act 1902 (WA), notwithstanding that such appeals are by way of rehearing.
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