Section 7(3) of the Sentencing Act 1995 (WA) applies to statutory minimum penalties, so that where circumstances of aggravation engaging a mandatory minimum penalty (such as bodily harm to a police officer under s 318 of the Criminal Code) are not pleaded in the indictment, the offender is not liable to any minimum penalty, though the circumstances may still be taken into account as aggravating factors. A sentence of 18 months' imprisonment for a serious example of aggravated grievous bodily harm committed in a domestic relationship using a weapon is manifestly inadequate where the established range for serious examples of the offence (even without circumstances of aggravation) is 3 to 5 years.
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