An order setting aside a sentence of suspended imprisonment under s 14(1) of the Criminal Appeals Act 2004 (WA) operates only prospectively, not ab initio, unless otherwise indicated. Fines imposed for breach of a suspended sentence while it was in force remain valid even after the suspended sentence is set aside on appeal. The expression 'set aside' in s 14(1) is context-dependent: setting aside a conviction operates ab initio, but setting aside an executory order such as a suspended sentence operates only prospectively.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
3 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.