Lang v WA

[2011] WASCA 153

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Suspended sentences
4. › Breach of suspended sentence
5. › Activation of suspended term
6. › Whether sentencing judge must account for time spent in custody on charge resulting in acquittal
7. › Sentencing Act 1995 (WA), s 84F
1. Criminal Law
2. › Sentencing
3. › Suspended sentences
4. › Breach of suspended sentence
5. › Power to backdate activated term of imprisonment
6. › Whether power exists to backdate term activated under s 84F(1)(a)
7. › Sentencing Act 1995 (WA), s 84F(1)(a), s 84F(1)(b), s 84F(3)

Quick Take

When activating a suspended sentence under s 84F(1)(a) of the Sentencing Act 1995 (WA), the sentencing court has no power to backdate the activated term. Time spent in pre-sentence custody, including on charges resulting in acquittal, must be accounted for as 'circumstances that have arisen' under s 84F(3), which may justify ordering service of only part of the suspended term under s 84F(1)(b).