Criminal Law Guides

Burglary
Burglary
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Burglary offences are outlined in s.401 of the Criminal Code 1913 (WA). Burglary is defined as entering or being inside a place without lawful excuse, with the intent to commit an offence, such as stealing or causing damage to property. A critical point many people miss: you can be charged ...

Court Times Busselton
Court Timeframes
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One of the first questions many people ask after being charged with a criminal offence is: "How long is this going to take?" Unfortunately, there is no single answer. The time it takes for a criminal charge to progress through the courts in Western Australia depends on a range of factors, ...

Drugs Charges
Drug Offences
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Western Australia is widely recognised as having some of the strictest drug laws in the world. Even charges that might seem minor such as possession of a small amount for personal use can result in a criminal record that affects your employment, travel, and future opportunities. More serious charges ...

Serial Family Violence Offender
Serial Family Violence Offender
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What is a Serial Family Violence Offender (SFVO)?

A Serial Family Violence Offender is a person declared by a court to have a pattern of committing family violence offences. The declaration under s.124E Sentencing Act 1995 (WA) is a formal legal status imposed on top ...

Bail Law WA
Bail
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Can I get bail for drug charges, assault or DUI in Western Australia?

If you have been charged with a criminal offence in Western Australia, one of your first concerns is likely to be whether you can be released from custody while your case is going through the court process. The ...

EDL
Extraordinary Licence (EDL)
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In Western Australia, an extraordinary driver's licence (also known as an ‘e-licence,’ ‘EDL,’ or ‘EMDL’) is a special permit that allows individuals who are otherwise disqualified from driving to operate a vehicle in specific circumstances. This licence is granted at the discretion of a magistrate ...

Police Clearance Spent Conviction
Spent Conviction
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What Is a Spent Conviction in WA and can I get one at sentencing?

One of the most common concerns people have when facing a criminal charge is whether they will end up with a criminal record. A conviction can affect employment opportunities, professional registrations, travel ...

Drink Driving
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Being caught drink driving in Western Australia can be a stressful and overwhelming experience. One of the first questions people ask is: "What happens now?" The answer depends on a number of factors, including your blood alcohol concentration (BAC), whether you hold a full licence or provisional ...

Assault WA
Assault
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Assault offences in Western Australia are governed by the Criminal Code. Many people assume that assault requires punching, kicking or causing an injury. However, under WA law, an assault can occur even where no physical injury is caused. An assault may include:

  • Striking another person.
  • Pushing ...

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