WA

Duress is a full defence to most criminal charges. An accused can be acquitted on the basis of duress if they were essentially ‘forced’ into committing the acts that make up the criminal offence. The defence of duress is based on the principle that a person should not be held criminally responsible for acts that…

Rent from residential properties is a common sources of income for investors. Investment properties can, however, be a giant headache for landlords (also known as lessors) when terminating a residential lease and re-possessing the property because of an un-cooperative tenant. Tenants may breach their lease agreements in a range of ways, including by failing to…

A Conditional Release Order (CRO), also known as a Good Behaviour Bond, is an order that can be made by a court at sentencing under Part 7 of the Sentencing Act 1995 (WA).  Conditional Release Orders require the offender to avoid re-offending for a period of time and comply with other conditions.  When a court…

Laws regulating abortion in Australia vary dramatically between different states and territories. Abortion was decriminalised in Western Australia in 1998. Abortion is now available on request up to 20 weeks’ gestation and after 20 weeks gestation with the agreement of two medical practitioners. Western Australia has not yet legislated for ‘safe access zones’ around medical…

In Western Australia the law views a young person under the age of 18 years as being vulnerable and as experiencing disadvantages when dealing with police. The law recognizes that a young person may make mistakes and that young people often do not think about the consequences of their actions. For this reason, a responsible…

Youth Justice Conferences are a diversionary option available to young offenders who have been charged with a criminal offence. They are an alternative way of dealing with offences that are too serious for warnings or cautions while allowing the young person to avoid going through the court system. Youth justice conferences bring young offenders, their…

In all jurisdictions, children are not held to be criminally responsible for their actions until they reach a certain age. The age of criminal liability varies across different jurisdictions. In Western Australia, pursuant to section 9 of the Criminal Code Act Compilation Act 1913, the age of criminal liability is 10. If you are aged 10…

Obtaining the benefit of a monetary judgment whereby the successful party is to claim a sum of money from the unsuccessful party can often be a stressful and difficult process. Whether the monetary judgment was obtained through succeeding at a trial or in default of the unsuccessful party doing something that they were obliged to…

Submitting a criminal appeal from the District Court is a long and arduous process and should not be undertaken lightly. Criminal appeals are a specialised area of law and it is important to obtain through legal advice and suitable representation. In criminal appeals by the defence, the defendant is known as the Appellant and the…

If you have been the victim of a violent crime in Western Australia, you may be able to obtain compensation for your criminal injuries and any financial losses incurred as a result of the injuries. You may also be able to obtain compensation if you are the close family member of a victim. The Criminal…

Arson offences are among the most serious criminal offences that Western Australian courts deal with. Criminal damage by fire attracts a maximum penalty of life imprisonment. Arson offences in Western Australia have caused massive financial losses, deaths and the destruction of homes, buildings and historic sites. Arson is a notoriously easy offence to commit and…

The Animal Welfare Act 2002 establishes the responsibilities of persons keeping or working with animals in Western Australia and sets out offences relating to cruelty to animals. The act covers all amphibians, reptiles, birds and mammals other than humans. It does not cover invertebrates or fish. The act gives investigatory powers to the RSPCA and…

In Western Australia, legislative protections against sexual harassment exist both under the Equal Opportunity Act 1984 and under the federal Sex Discrimination Act 1984. If you experience sexual harassment in Western Australia, you can make a complaint either to the Western Australian Equal Opportunity Commission or to the Australian Human Rights Commission. Which body you…

The Children’s Court is Western Australia deals with children between the ages of 10 and 18 who have been charged with criminal offences. It also deals with protection and care applications in respect of children and Restraining Order applications involving children. When a child attends the Children’s Court in relation to a criminal matter, they…

Children between the ages of 10 and 18 who are found guilty of a criminal offence in Western Australia can be sentenced to a period of youth detention. Children charged with offences and refused bail are held in youth detention on remand. Western Australia has only one youth detention centre, Banksia Hill Detention Centre, which…

Murder and manslaughter are among the most serious criminal offences and attract some of the harshest penalties courts can impose. In Western Australia, the Criminal Code Compilation Act governs the crimes of murder and manslaughter and alternative homicide offences. The Act prescribes mandatory minimum sentences that apply to adults and children found guilty of these…