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.
Acting in self-defence is typically seen as a reasonable response to an unreasonable situation, and Western Australian law protects the rights of crime victims to attempt to ensure their safety.
In WA, a blood alcohol concentration (BAC) of 0.05% or higher is illegal. Various research shows a BAC of 0.05% doubles the risk of being involved in a traffic crash when compared to a person who has not been drinking at all. Police have the power to stop any driver and conduct alcohol and drug-related…
If you are in custody on a Grievous Bodily Harm (GBH) charge, you must understand that you face serious accusations with significant sentencing. The following will help you understand the charges and navigate the criminal justice system in Western Australia.
There are several common myths and misconceptions regarding arrest warrants. Misunderstanding the facts regarding arrest warrants can lead to unnecessary anxiety and, in some cases, misguided actions based on false beliefs. Additionally, you may struggle to find facts as statutes can vary according to the state or territory.
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