Krijnen v Conti

[2003] WASCA 114

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Spent conviction orders
4. › Criteria for making spent conviction order
5. › Whether Justice properly considered statutory prerequisites
6. › Whether sentencing discretion miscarried
7. › Sentencing Act 1995 (WA), s 45
1. Criminal Law
2. › Sentencing
3. › Possession of cannabis and smoking utensil
4. › Sentencing by Justice of the Peace
5. › Misuse of Drugs Act 1981 (WA), ss 5(1)(d)(i), 6(2)
1. Practice and Procedure
2. › Open court
3. › Exclusion of defendant from courtroom during deliberations
4. › Whether breach of open court requirement or procedural fairness
5. › Justices Act 1902 (WA), s 65
1. Practice and Procedure
2. › Justices of the Peace
3. › Hearing before single Justice
4. › Consent of parties
5. › Whether informed consent required from unrepresented defendant
6. › Justices Act 1902 (WA), s 29

Quick Take

A sentencing court must work through each of the statutory prerequisites in s 45(1) of the Sentencing Act 1995 (WA) before declining to make a spent conviction order, and must demonstrate that it has done so. Where an offender has previous good character and the offence may be trivial, the court must address the discretionary factors identified in R v Tognini, including whether it is desirable from both the offender's and the community's perspective to immediately set aside the adverse effect of the conviction.