The law recognises that, in extreme circumstances, individuals may have no choice but to commit an offence to prevent serious harm or death. In Western Australia, the defence of emergency, outlined in Section 25 of the Criminal Code (WA), provides a legal justification for actions taken in response to immediate and unavoidable danger. If proven,…
The defence of mistake of fact is an essential legal safeguard under Section 24 of the Criminal Code Act Compilation Act 1913 (WA). It provides individuals facing criminal charges with a potential avenue for defence where they acted under an honest and reasonable but mistaken belief about the facts of a situation. If proven, this…
What is the Defence of Insanity in Western Australia? Under Western Australian law, a person may not be held criminally responsible for their actions if, at the time of the offence, they were suffering from a significant mental impairment that deprived them of their ability to understand, control, or assess the wrongfulness of their conduct.…
The defence of provocation applies when a person loses self-control due to provocation and acts immediately, as long as the force used is not excessive or likely to cause serious harm. In Western Australia, provocation can serve as a legal defence under the Criminal Code Act Compilation Act 1913 for offences involving assault. Whether an…
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…
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