Mandatory Sentencing - WA

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Mandatory Sentencing - WA

Postby mperth1 » January 31st, 2012, 6:59 pm

Hi, I was wondering if someone could advise if the new mandatory sentencing for license disqualification in WA involves any discretion? For example, if someone was to have reoffended 6 months prior to the current offence, would they be treated exactly the same as someone who had reoffended 5 years prior to the current offence? Any advise would be much appreciated.
Thank you.
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Re: Mandatory Sentencing - WA

Postby TalbotOlivierWA » February 7th, 2012, 11:51 am

Dear mperth1, mandatory sentencing laws are called mandatory as they have taken away a judicial officer's discretion. The law applicable to each matter that comes before the courts needs to be considered on a case by case basis. In traffic matters a person's individual history is considered by the court. If the court does have a discretion when determining the length of suspension or the amount of the fine, then the amount of time between offending is a factor that the courts do consider.
Kristine Warman - Senior Associate
Talbot Olivier - Legal Services (Perth, WA)
http://www.talbotolivier.com.au/

T (08) 9420 7100
Level 8 Wesfarmers House 40 The Esplanade Perth WA 6000
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