A breach of a violence restraining order involving intimidatory statements threatening a complainant's eviction from her residence, while at the lower end of the scale, is not a trivial offence for the purposes of s 45(1)(b)(i) of the Sentencing Act 1995 (WA), even where the complainant consented to the offender's presence and the restraining order was subsequently withdrawn. The power to make a spent conviction order should only be sparingly exercised in a clear case.
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