Under s 80(3) of the Sentencing Act (WA), a court must activate a suspended sentence unless it would be unjust to do so in view of all the circumstances that have arisen since the suspended imprisonment was imposed. The options in s 80(1)(b)-(d) only become available once the court has determined it would be unjust to activate the full term. Relevant factors include whether the new offence is trivial, whether it was committed late in the suspension period, and whether it warranted imprisonment. A driving whilst under suspension offence committed halfway through a suspension period by an offender with a significant record of driving offences is not trivial and does not make activation unjust.
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