Section 15 of the Sentencing Act 1995 (WA), which permits a court to inform itself 'in any way it thinks fit', does not authorise a sentencing court to privately obtain information from prosecution, court records or other sources without disclosing it to the defence and providing an opportunity to address it. Where a suspended sentence is precluded by s 76(3) because the offender is on parole, a Work and Development Order under s 57A may be an appropriate alternative to immediate imprisonment. A second conviction for driving whilst disqualified does not inevitably attract immediate imprisonment; the circumstances of the driving, including medical emergency, short duration, and absence of wilful disregard, must be considered.
The full text is available to signed-in members, including the 21 later cases that cite this judgment.
2 of the 21 citing cases carry a classified treatment. How each court treated it is available to signed-in members.