Criminal Law
In Western Australia, criminal law encompasses a wide range of offences, from minor traffic violations to serious crimes. Criminal law is an important element in maintaining social order, protecting individual rights, and deterring unlawful behaviour. However, it is important to remember that every person accused of an offence has the right to vigorously defend themselves and force the prosecution to produce convincing proof of the crime. This usually means seeking expert advice from a dedicated criminal lawyer.
We handle many areas of criminal law, including:
- Traffic and vehicle offences– exceeding the prescribed content of alcohol (drink driving), driving while disqualified or suspended, driving unlicensed
- Dangerous driving or negligent acts endangering persons
- Assault offences
- Sexual offences
- Offences against a child
- Stealing and burglary
- Drug offences
- Offences against public orderand the administration of justice
- Fraud offences
- Damage to property
- Prohibited weapons offences
Offences
In WA, a ‘simple offence’ is any offence that is not described in the legislation as a crime. An example of a simple offence is disorderly conduct under s74A Criminal Code. Such simple offences are dealt with summarily in the lowest court, the Magistrates Court.
In contrast, any offence that is described in the legislation as a ‘crime’ is dealt with on indictment in the District Court, or the Supreme Court (which is the highest court in WA). An example of a crime that must be dealt with on indictment is the offence of robbery under s392 Criminal Code.
However, in WA there are some crimes that are described as ‘either way’ offences. This means that they can be dealt with either in the District Court on indictment, or summarily in the Magistrates Court. An example of an either way offence is assault occasioning bodily harm under s317 Criminal Code. Importantly, if the matter is dealt with summarily the penalty will be less than if it is dealt with on indictment. Therefore, defence lawyers will usually strive to have an either way offence dealt with summarily in the Magistrates Court rather than on indictment in the District Court.
Traffic Law
Traffic law governs the rules and regulations for road use in WA. Common traffic offences include speeding, reckless driving, driving under the influence of alcohol or drugs, and driving without a valid licence or insurance. Penalties for traffic offences can vary from fines and demerit points to licence suspension or disqualification, depending on the severity of the offence.
Arrest and Detention
When a person is arrested, they should be informed of their rights, including the right to remain silent and the right to legal representation. Following an arrest, a person may be detained for questioning, and the police must adhere to procedural safeguards to protect the rights of the accused.
Upon being charged with a criminal offence, an accused person may appear in court for a preliminary hearing, where bail conditions are determined. Subsequent court appearances will be scheduled to address various stages of the legal process, including entering pleas, pre-trial hearings, and, if necessary, a trial. It is important to remember that accused individuals have the right to legal representation throughout these proceedings.
If a person is found guilty or pleads guilty to a criminal offence, the court will determine an appropriate sentence. Sentencing considerations may include the seriousness of the offence, the defendant’s criminal history, and any mitigating factors. The court aims to balance punishment with rehabilitation and community protection.
Defences
In a criminal trial, the burden of proof generally rests with the prosecution to establish the guilt of the accused beyond a reasonable doubt. This means that the prosecution not only has to prove each of the elements of the crime, but also disprove any legal defences. For instance, a person accused of a criminal offence can raise a defence such as self-defence, duress, insanity, necessity, or mistake of fact.
Being charged with a criminal offence can be a daunting experience. We can help support you during this time by providing sound legal advice and helping you navigate the complex criminal justice system. If you, a family member, or a friend need assistance with a criminal law matter, contact [email protected] or call 08 9221 6820 for expert legal advice.