The Magistrates Court of Western Australia has no power under s 59(1) of the Sentencing Act 1995 (WA) to order imprisonment in default of payment of fines, as that power is confined to 'superior courts' (Supreme Court and District Court). For Commonwealth child pornography importation and exportation offences under s 233BAB of the Customs Act 1901 (Cth), general deterrence remains a paramount sentencing consideration, and the good character of the offender carries limited mitigatory weight.
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