Where duty counsel appears for an absent defendant who has pleaded guilty by endorsement and puts all relevant mitigating matters before the court, the Magistrate's refusal to read the defendant's letter does not constitute a denial of natural justice. The discretionary power to make a spent conviction order under s 45 of the Sentencing Act 1995 (WA) is of an exceptional character to be sparingly exercised; satisfaction of the statutory preconditions does not automatically lead to the making of an order.
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