You can appeal the sentence you received in the Magistrates, District, or Supreme Court. You can also appeal the conviction, if you were convicted after a trial or even in some cases if you pleaded guilty. That is, you can appeal the finding that you are guilty of the offence. Magistrates Court sentences or convictions are appealed to a single Judge of the Supreme Court….
Recently, discussion has emerged of new, super tough ‘anti-bikie’ laws, which are designed to curb the apparently criminal activities of ‘bikies’, or patched members of 1% motorcycle clubs. These laws will make it an offence to publicly display gang insignia such as the names of clubs or ‘1%’ tattoos. They also ban public consorting by members of clubs. The legislation is called the Criminal Law…
In what situations does an accused person face a mandatory sentence for a burglary offence, and what penalty do they face? In late 2015, the Parliament of Western Australia enacted the Criminal Law Amendment (Home Burglary and Other Offences) Act 2015. This law dramatically changed the sentences that must be imposed for a wide variety of home burglary offences. It made it mandatory for courts…
Sometimes, clients find that charges against them have been filed in a court location which is inconvenient to them or otherwise unsuitable. For example, an alleged offence is said to have occurred in Bunbury but the client has since moved to Perth, and the police charge them in the Bunbury courthouse. This would require them to travel to and from Bunbury for each court appearance…
In a sexual offence case, particularly one involving a child aged 13-16, a common question is whether other sexual experiences of the complainant can be used as part of the defence case. For example, it might be suggested that a complainant was sexually promiscuous, or had slept with another person other than the accused, and this may be relevant to the defence in a number…
What are the defences of “unwilled act” and “accident”? The defences of “unwilled act” and “accident” are defences concerned with accidental, or unintended, acts or omissions by an accused person. The law absolves an accused person of criminal responsibility in two situations: An act or omission which occurs independently of the exercise of the person’s will (“unwilled act” defence); & An event which occurs by…
Many accused persons and their family members find the court process in a criminal case confusing. It also tends to last much longer than they had expected. This article attempts to outline in a simple manner the court process for any criminal charge. Arrest & Charge The initial process just before being charged involves the police arresting you, either forcefully or by appointment. The police…
What is the defence against home invasion? Section 244 of the Criminal Code in Western Australia creates the “defence against home invasion”. This defence was created in 2000 and was not always a part of the law in Western Australia. It was introduced in response to a growing number of “home invasion” offences whereby burglars were assaulted by home owners, and police were charging the…
A person is a “Schedule 2” offender when, while already on bail for a “serious offence”, they are charged with another “serious offence”. This is commonly referred to as being “Schedule II”. This is a difficult situation for any accused person to be in. Once a person is a “Schedule II” offender, it means their bail must be refused unless they show “exceptional reasons” why…
Wait times for trials in Perth courts have unfortunately increased significantly because of the COVID-19 epidemic. Not too long ago, working as a criminal lawyer in Perth you could get a case listed for trial in the District Court within a year or so of being charged. This was something that Perth courts and governments were proud of and put significant resources into maintaining. Largely…
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