Where an either-way offence is dealt with summarily under the Criminal Code (WA) as amended in 2004, and the summary conviction penalty is a fine only (e.g., stealing property worth less than $1,000 under s 426(4)), the conviction does not trigger the obligation under s 78 of the Sentencing Act 1995 (WA) to deal with existing suspended sentences under s 80, because the 'statutory penalty' does not include imprisonment. The statutory penalty must be determined at the time of conviction by reference to the actual manner of disposal, not by reference to the penalty available on indictment.
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