A sentencing judge who expresses the view that an offence would not normally attract imprisonment cannot then impose imprisonment for that offence merely because it appears on the same indictment as offences that do warrant imprisonment. Each offence must receive an individually appropriate sentence before cumulation is considered. Where imprisonment is inappropriate for an offence but the offender is also being sentenced to immediate imprisonment on other counts, fines with default imprisonment orders under s 59 of the Sentencing Act 1995 (WA) served concurrently are the appropriate disposition.
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