23B. Accident Summary: The defence of accident applies when a person is not criminally responsible for an event that occurs unintentionally and without negligence. (1) This section is subject to the rules in Chapter XXVII and section 444A about negligent acts and omissions. (2) A person is not legally responsible for an event that happens…
In Western Australia, the law recognises that there are some offences that are more serious than others. The Courts in Western Australia classify serious offences as ‘indictable offences’, or a ‘crime’. Indictable charges will inevitably end up at the the higher courts if the matter is listed for a trial or sentencing. The lesser charges…
What Constitutes a Breach of Bail If you are arrested and released on bail, you will sign a document known as an “undertaking of bail”. By signing this, you enter into a legal agreement with the Court, consenting to attend Court sessions as directed and abide by bail conditions. The conditions of bail may include,…
Some punishments are excellent deterrents that help stop crime. When considering the crime of stealing, numerous components must be taken into account to understand the punishment. Some key factors that help explain various charges and penalties include, Definition of Stealing In Western Australia, the Criminal Code Act 1913 defines stealing as someone taking something…
Even though Australians do not have a constitutional right to remain silent, the right to silence in Australia is recognised by state and federal courts. Across Australia, the right to silence is viewed as a fundamental common law right. Does WA have a right to remain silent? Western Australia has a general right to…
When facing criminal charges, the accused may contemplate entering a guilty plea. Motives for this can be unique to the individual, but there are several reasons to consider a guilty plea. Expressing remorse, avoiding the stress and expense of a trial, and the potential for leniency are often cited as explanations for choosing to plead…
Historically, the Western Australian Government has been tough on those taking part in the possession, distribution, and use of illegal drugs. Penalties ranged from fines to an immediate term of imprisonment, depending on the specifics and circumstances of the case. Some changes to the law took place in 2011 to avoid criminalising first-time offenders or…
What is Persistent Sexual Conduct with a Child? Under Section 321A of the criminal code, a person is said to have committed the offence of persistent sexual conduct with a child if they engage in sexual acts with someone under the age of 16 on three or more occasions. The acts committed on these occasions…
Within the legal system, there is a consistent need to find appropriate responses to criminal activities. In the state of Western Australia, the Court can impose the following sentences.
If you have been convicted of a crime, it is in your best interest to learn the details about your criminal record.