A court activating a conditional suspended sentence under s 84F of the Sentencing Act 1995 (WA) has no power to backdate the activated term under s 87; however, time spent on remand may be taken into account as a circumstance making it unjust to activate the full term under s 84F(3), leading to an order under s 84F(1)(b) for service of part only. The proportionality principle requires that sentences for possession of child pornography reflect the objective seriousness of the images, and a sentence must not be increased beyond what is proportionate to the crime merely to extend the period of community protection, even where the offender has a significant criminal history and high risk of re-offending.
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