Where a sentencing court has indicated the likelihood of a non-custodial sentence and released an offender on bail, and a pre-sentence report recommends a non-custodial disposition, the court must indicate to counsel that it is considering immediate imprisonment before imposing such a sentence. Failure to mention mitigating factors, the guilty plea, and alternative sentencing options in reasons for sentence may indicate a miscarriage of the sentencing discretion. Section 196(1)(b) of the Justices Act 1902 (WA) permits reception of additional evidence on appeal against sentence relating to antecedents, personal circumstances, and facts relevant to sentence.
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