A sentencing judge's failure to give any discount for an offender's voluntary disclosure of details of sexual offending which would not otherwise have been ascertained by investigating authorities constitutes an express error enlivening appellate jurisdiction under s 31(4)(a) of the Criminal Appeals Act 2004 (WA). An unusual combination of mitigating factors — including early guilty pleas, cessation of offending before disclosure, completion of sex offender treatment, rehabilitation, low reoffending risk, advanced age, and voluntary disclosure — may warrant suspension of imprisonment even for serious intra-familial child sexual abuse, though this was a 2-1 decision.
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