In Western Australia, the defence of duress provides legal protection for individuals who commit offences under the threat of serious harm or death. This defence acknowledges that, in some circumstances, a person may act unlawfully to avoid a greater danger. Below, we explore the legal framework surrounding duress, citing Section 32 of the Criminal Code…
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…
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