Western Australian criminal law · Sentencing & penalties

Criminal Penalties in Western Australia

Sentencing in Western Australia is governed by the Sentencing Act 1995 (WA) and reflects the nature of the offence, the circumstances of the offender, and the principles of punishment, deterrence, rehabilitation, and protection of the community. Understanding what the court can impose — and what factors influence it — is essential before any plea is entered.

In Western Australia, a spent conviction can prevent a finding of guilt from appearing on a National Police Certificate. A properly prepared plea in mitigation can make the difference between a conviction and a non-conviction outcome.

The Sentencing Framework in Western Australia

The penalty for an offence derives out of a number of reasons the magistrate or judge has to take into account. To find out the maximum penalty for an offence, click on the link below.

Why Legal Representation at Sentencing Matters

Even where a guilty plea is entered, the quality of the sentencing hearing determines the outcome. A thoroughly prepared plea in mitigation — presenting character references, addressing the court on personal circumstances, flagging treatment and rehabilitation, and addressing each relevant sentencing factor — can be the difference between a recorded conviction and a spent conviction, between a fine and a community order, or between a suspended sentence and immediate imprisonment. Speak with a criminal defence lawyer before you plead.

Facing sentencing in a Western Australian court? Preparation determines the outcome.

A thorough plea in mitigation — with character evidence and the right legal arguments — makes a real difference to what the court imposes.
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