A court sentencing an offender under s 64(2) of the Road Traffic Act 1974 (WA) is entitled and obliged to take account of prior convictions that are the subject of a spent convictions certificate, for the purpose of determining the appropriate punishment including the applicable minimum disqualification period. Section 14(2)(b)(ii) of the Spent Convictions Act 1988 (WA) expressly displaces the general rule in s 25(1) for sentencing purposes.
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