A Magistrate sentencing for an indictable offence dealt with summarily is not confined to determining the appropriate sentence within the range set by the summary conviction penalty; the starting point may be the indictable maximum, with s 5(9) of the Criminal Code (WA) enabling committal to the District Court if the appropriate sentence exceeds the summary conviction penalty. For an 18-year-old first offender convicted of assault occasioning bodily harm in circumstances involving provocation, maternal instigation, prior restraint, and absence of premeditation or weapons, a suspended sentence of 12 months was appropriate notwithstanding serious injuries to the complainant.
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