1Save in a simple case with very straightforward facts, a sentencing judge must state the salient features of the offending that provide the factual basis for the penalty; merely incorporating the prosecution's statement of facts by reference is insufficient and risks material factual error.
2Under s 76(2) of the Sentencing Act 1995 (WA), before imposing immediate imprisonment for a term of 5 years or less, the sentencing court must positively be satisfied that suspension is not appropriate, applying a two-step approach: first deciding imprisonment is warranted, then considering all relevant factors afresh to determine whether suspension is inappropriate.
3Where an offender's moral culpability is significantly reduced by coercive control from a co-offender who was the principal offender, and the offender has demonstrated genuine remorse through early guilty pleas, full restitution (including on behalf of the co-offender), and cooperation with authorities, these are powerful factors favouring suspension of the sentence.
