A sentencing judge's failure to expressly refer to the mandatory considerations in s 84L(5) of the Sentencing Act 1995 (WA) is not determinative of whether those considerations were taken into account; the court may have regard to the oral submissions of counsel. Where a person subject to a conditional suspended imprisonment order deliberately and continuously defies the rehabilitative purpose of the order, it is open to the court to order service of the whole of the suspended term under s 84L.
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