Mobile Phone Use While Driving I was caught driving while using a mobile phone but I was not even holding the mobile phone. It was on my lap! What do I do? Under regulation 265 of the Road Traffic Code 2000 (WA), a driver of the vehicle must not use a mobile phone while the vehicle is moving, or…
What is Drink Driving/Driving Under Influence (DUI)? Drink driving refers to the act of driving a vehicle whilst under the influence of alcohol above the blood alcohol concentration (‘BAC’) threshold. The BAC is the measurement of the number of grams of alcohol in 100ml of blood. If you are a driver of a vehicle, the police may take…
Reckless Driving & Dangerous Driving Offences I am charged with Reckless Driving and/or Dangerous Driving. What is the difference between Dangerous Driving as compared to Careless Driving or Reckless Driving? What does the Prosecution need to prove to find me guilty for Dangerous Driving or Reckless Driving? In generic terms, Careless Driving carries a lighter…
Carless Driving The Police said that they saw me swerving and charged me with Careless Driving. What do I do? The legal test for careless driving is whether the driver has driven ‘without due care or attention, or without reasonable consideration of other persons using the road’ It is a stressful moment when you notice…
There are many factors that can affect the sentencing process and the range of likely sentencing outcomes. During Sentencing, the Court Considers the Following Factors: The prior good character of a person; The circumstances of offending; The aggravating factors; The mitigating factors; The seriousness of offending. The insight of the offender; Whether the offender shows…
Are you charged with Murder? Manslaughter? What happens when you are charged with these offences? What is the difference between Murder and Manslaughter? If a person is found guilty of murder or manslaughter, they may be liable to imprisonment for life: s. 279, s. 280 Criminal Code Act Compilation 1913 (“Criminal Code”). Both of these charges are…
Consequences of Sexual Offences In Western Australia, persons convicted of sexual offences must be placed on a registry known as the Community Protection Offender Register or simply the Register. The registry is governed under The Community Protection (Offender Reporting) Act 2004. If you have been charged with a sexual offence or sexual assault in WA,…
The Misuse of Drugs Act 1981 (“The Act”) makes the possession, sale, supply or manufacture of illegal drugs a criminal offence. Serious drug offences may result in a term of imprisonment. Any person convicted of a drug offence will receive a criminal record, and this can hinder their ability to get a job, apply for credit,…
Have You Been Charged With Common Assault/Assault? Facing assault charges can be daunting, given the complexity of legal statutes and the severe consequences they entail. At WN Legal, our team of dedicated assault lawyers is equipped to guide you through the intricacies of the legal system, offering expert representation and striving for the most favourable…
Have You Been Charged With a Driving Offence? There are many kinds of road traffic offences, ranging from simple speeding infringements to convoluted truck driving charges, to dangerous driving occasioning death. Sometimes, the answer is simple, as the law can be fairly straightforward. Other times, it can be more complex. There are instances where you…
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