Motor driver's licence disqualifications imposed under ss 59(3) and 60(3)(a) of the Road Traffic Act 1974 (WA) are imposed upon conviction, not upon sentencing, and may be imposed immediately upon conviction even where sentencing is adjourned under a pre-sentence order. Such disqualifications are not part of the sentence but are orders ancillary to the sentence. The Criminal Appeals Act 2004 (WA) ss 31 and 41 should be read as if they referred to 'order made as a result of the conviction' as well as 'sentence', correcting a drafting error that would otherwise defeat the right of appeal conferred by s 23(1)(b).
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