Sentencing Legislation (Transitional Provisions) Amendment Act 2008 (WA)

Western Australia

Sentencing Legislation (Transitional Provisions)

Amendment Act 2008

Western Australia

Sentencing Legislation (Transitional Provisions)

Amendment Act 2008

CONTENTS

1.	Short title	1
2.	Act amended	1
3.	Schedule 1 clause 2 deleted	2
4.	Schedule 1 clause 3A inserted	2

3A. Provisions relating to deletion of clause 2 2

5. Schedule 1 clause 14 deleted 3

Western Australia

Sentencing Legislation (Transitional Provisions)

Amendment Act 2008

No. 49 of 2008

An Act to amend the Sentencing Legislation Amendment and Repeal

Act 2003.

[Assented to 17 December 2008]

The Parliament of Western Australia enacts as follows:

1.             Short title

This is the Sentencing Legislation (Transitional Provisions)

Amendment Act 2008.

2.             Act amended

This Act amends the Sentencing Legislation Amendment and

Repeal Act 2003.

Sentencing Legislation (Transitional Provisions) Amendment Act 2008

s. 3

3.             Schedule 1 clause 2 deleted

Delete Schedule 1 clause 2.

4.             Schedule 1 clause 3A inserted

Before Schedule 1 clause 3 insert:

3A. Provisions relating to deletion of clause 2

(1)

In this clause —

clause 2 means clause 2 of this Schedule as in force

immediately before the relevant commencement;

minimum custodial period of a fixed term, is the amount of

the fixed term required to be served in custody before the

offender would be, or was or would have been, eligible or

entitled to be released, whether on parole or on being

discharged from the sentence;

relevant commencement means the commencement of the

Sentencing Legislation (Transitional Provisions)

Amendment Act 2008.

(2)

After the relevant commencement, clause 2 does not apply

to the sentencing of an offender for an offence —

(a)	even if the offence was committed before the relevant commencement; and
(b)	even if the offender was convicted before the relevant commencement; and
(c)	even if the sentencing is as a result of an appeal against a sentence imposed before the relevant commencement,

despite any written or unwritten law to the contrary.

(3)

A court sentencing an offender to a fixed term can have

regard to the minimum custodial period of the fixed term to

be imposed and the minimum custodial periods of fixed

terms imposed before the relevant commencement, whether

or not clause 2 applied to their imposition.

Sentencing Legislation (Transitional Provisions) Amendment Act 2008

s. 5

(4)

A court sentencing an offender to a fixed term can impose a

penalty up to the statutory penalty for the offence.

(5)

This clause expires 3 years after the relevant

commencement.

5.             Schedule 1 clause 14 deleted

Delete Schedule 1 clause 14.