Section 86 of the Sentencing Act 1995 (WA) does not create a mandatory minimum sentence of 6 months and 1 day; rather, where the appropriate term of imprisonment would be 6 months or less, imprisonment is not an available sentencing option and the court must consider other sentencing options. The prohibition in s 86 applies to suspended terms of imprisonment, so a court cannot impose a suspended sentence of 6 months or less. The process of determining the appropriate sentencing option under s 39(3) does not require a mechanical or linear approach but calls for an exercise of judgement in the particular case.
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