A sentencing judge's failure to refer to any discount for guilty pleas or to comply with s 9AA of the Sentencing Act 1995 (WA) will ordinarily give rise to an inference that the effect of the plea was overlooked, constituting material express error. Where an offender voluntarily discloses offences not known to police, the sentencing judge must bring that fact to account in the sentences imposed. For offences of making explosive substances without malicious purpose, the combination of strong mitigating factors may compel the conclusion that suspended imprisonment is appropriate.
The full text is available to signed-in members, including the 41 later cases that cite this judgment.
5 of the 41 citing cases carry a classified treatment. How each court treated it is available to signed-in members.