A sentence of detention can be imposed on a very young offender (here, 11 years old) with no prior convictions where the serious nature and circumstances of the offences and the need for punishment, deterrence, and community protection call for it. The 'opportunity' to elect trial on indictment under s 40 of the Criminal Procedure Act 2004 (WA) need not involve express advice from the court to the child; it is sufficient that the child's legal representative was familiar with the process and had discussed the matter with the child. In the juvenile justice system, the absence of prior cautions may be more significant than their presence, as it may indicate the offender was not given appropriate opportunities for diversion and rehabilitation.
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