The primary purpose of a prohibition order under s 55 of the Animal Welfare Act 2002 (WA) is protective — to safeguard animal welfare — not punitive. A party to a plea agreement will normally be held to the bargain, and it will be difficult to demonstrate error where the sentence falls within the agreed range. Where sentencing proceedings are conducted contrary to the Barbaro principle, the appeal court may decline to intervene if no substantial miscarriage of justice has occurred because the sentences are independently appropriate.
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