Drug offences are not to be treated differently from other offences when determining whether to grant a spent conviction order; seriousness must be assessed by reference to the actual conduct and circumstances, not the class of offence. The enactment of the Cannabis Control Act 2003 (WA) means that minor cannabis offences (possession of small quantities, cultivation of up to two plants, possession of smoking implements) should now be considered trivial for the purposes of s 45(1) of the Sentencing Act 1995 (WA). The detrimental effect of a conviction on employment prospects, particularly where police clearances are required, is a circumstance that may justify the making of a spent conviction order.
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