Where an offender has two prior convictions for breach of a violence restraining order entered on the same day, those convictions count as one occasion for the purposes of s 61A(2)(b) of the Restraining Orders Act 1997 (WA), and the presumptive penalty of imprisonment is not enlivened. Coke's principle requires that the threshold offences be committed on separate days and convicted on separate days. This principle applies to sentencing provisions involving penalty escalation for repeat offenders but does not extend to non-sentencing consequences such as drug trafficker declarations.
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