Western Australian Current Acts Western Australian Current Acts (1) In this section
—
violent personal offence means —
(a) an
offence mentioned in The Criminal Code section 277; or
(b) an
offence against The Criminal Code section 281, 283, 292, 293, 294, 304, 320,
321, 321A, 329 or 332.
(2) Where a person
commits a violent personal offence, the court sentencing the person is to
determine the seriousness of the offence by reference to whether —
(a) the
person is in a family relationship with a victim of the offence; or
(b) a
child was present when the offence was committed; or
(c) the
conduct of the person in committing the offence constituted a breach of a
restraining order.
(3) Nothing in
subsection (2) affects the discretion of a court to decide whether or not a
circumstance set out in that subsection is a circumstance to take into account
in sentencing an offender for any other offence.
[Section 63B inserted: No. 49 of 2016 s. 71;
amended: No. 30 of 2020 s. 79.]