Under the Sentencing Act 1995 (WA), a sentencing judge must first fix the appropriate term of imprisonment having regard to the seriousness of the offence and all relevant sentencing factors, and only then consider whether to make a parole eligibility order. It is impermissible to reduce or increase the term of imprisonment to compensate for the parole eligibility decision. This principle, established under the former Offenders Probation and Parole Act 1963 (WA), continues to apply under the current statutory regime.
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