Intoxication often plays a role in criminal cases, but can it be used as a defence? In Western Australia, Section 28 of the Criminal Code Act Compilation Act 1913 (WA) sets out when intoxication can and cannot be considered in determining criminal responsibility. While voluntary intoxication is generally not a defence, involuntary intoxication may be…
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…
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