When a sentencing court considers whether to suspend a term of imprisonment under s 76(2) of the Sentencing Act 1995 (WA), it must revisit all the considerations relevant to the imposition of imprisonment, not just rehabilitation. A Magistrate who treats the failure of rehabilitation as the sole or primary reason for refusing suspension commits an error of principle. For personal use drug offences under s 6(2) of the Misuse of Drugs Act, custodial sentences may not be justified where the offender has a short criminal record, pleaded guilty early, and the offences are at the lower end of seriousness.
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