After the pre-conditions in s 45(1)(a) and (b) of the Sentencing Act 1995 (WA) are satisfied, the court exercises a discretion having regard to (a) the seriousness of the offence in the circumstances of its commission, (b) the circumstances personal to the offender, and (c) public interest considerations. The existence or non-existence of these considerations does not dictate a particular result. Previous good character may, in exceptional cases, be sufficient to justify a spent conviction order. It is not necessary for the Magistrate to find the offence trivial where the alternative pre-condition of previous good character is satisfied.
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