The amendment replacing s 89(2) with s 89(4) of the Sentencing Act 1995 (WA) enlarged the court's discretion to refuse parole eligibility by removing any supposed presumption or 'bias' in favour of parole, but did not amount to a major change from the position in Garlett v The Queen. A sentencing court's failure to quantify the discount for a plea of guilty does not of itself constitute an appealable error, provided the court has acknowledged the plea as a mitigating factor. Factual errors in sentencing remarks will not vitiate the exercise of sentencing discretion where their correction would not have substantially changed the overall picture before the sentencing court.
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