Where an offender's antecedent criminal history discloses a series of prior convictions for the same or similar offences, including recent offences committed while subject to suspended sentences, a sentencing Magistrate does not err in declining to order parole eligibility under s 89 of the Sentencing Act 1995 (WA). The philosophy of the Act suggests a bias towards eligibility, but the discretion cannot be triggered unless there is something in the materials before the sentencing court which points positively towards the appropriateness of parole.
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