An order to pay or elect under s 17 of the FPINEA does not constitute a conviction for general purposes, including for the defence of autrefois convict under s 17 of the Criminal Code (WA). The deemed conviction provisions in ss 25 and 26 of the FPINEA operate only for the discrete purposes specified in those sections. The requirement in s 127(2) of the Criminal Procedure Act to 'try any issue' raised by a plea does not necessarily require the calling of evidence and may be satisfied by giving the parties an opportunity to make submissions. Non-compliance with s 129(3) of the Criminal Procedure Act (prosecutor stating material facts aloud) does not invalidate the sentence where the legislative intent does not support such a consequence.
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