The Supreme Court held that the Magistrate committed an express error of law by failing to give or state a discount for the guilty plea under s 9AA of the Sentencing Act 1995 (WA), and that the 2-year sentence for escape from lawful custody was manifestly excessive in circumstances involving a non-premeditated escape from a traffic stop (not prison), voluntary surrender after six days, and no injuries. The Court also identified that the Magistrate erroneously made a parole eligibility order for escape from lawful custody, which is a prescribed term ineligible for parole under s 89(3). On resentencing, the Court imposed a total effective sentence of 8 months (2 months for escape cumulative on 6 months for reckless driving), resulting in immediate release given time already served.
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