The failure of a sentencing judge to obtain a pre-sentence report on a represented offender will rarely constitute a miscarriage of justice and can never by itself constitute a ground of appeal. A 5% discount under s 9AA of the Sentencing Act 1995 (WA) is appropriate for a guilty plea entered on the first day of a scheduled trial where the plea is not indicative of remorse. In serious domestic violence cases involving planned entry in breach of a restraining order, sustained violence, and use of a weapon, immediate imprisonment rather than suspension is the only appropriate disposition notwithstanding positive antecedents.
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