Yes. Stalking is a criminal offence in Western Australia and is prosecuted under section 338E of the Criminal Code Act Compilation Act 1913 (WA). It applies when a person pursues another with intent to intimidate, where “intimidate” includes causing physical or mental harm, inducing fear, or interfering with lawful actions. “A person who pursues another…
What is the Legal Definition and Basis of the Defence of Honest Claim of Right? Under Western Australian law, a person is not criminally responsible for an act done with respect to property if it is carried out in the exercise of an honest claim of right and without an intention to defraud. Section 22…
Intoxication often plays a role in criminal cases, but can it be used as a defence? In Western Australia, Section 28 of the Criminal Code Act Compilation Act 1913 (WA) sets out when intoxication can and cannot be considered in determining criminal responsibility. While voluntary intoxication is generally not a defence, involuntary intoxication may be…
The law recognises that, in extreme circumstances, individuals may have no choice but to commit an offence to prevent serious harm or death. In Western Australia, the defence of emergency, outlined in Section 25 of the Criminal Code (WA), provides a legal justification for actions taken in response to immediate and unavoidable danger. If proven,…
The defence of mistake of fact is an essential legal safeguard under Section 24 of the Criminal Code Act Compilation Act 1913 (WA). It provides individuals facing criminal charges with a potential avenue for defence where they acted under an honest and reasonable but mistaken belief about the facts of a situation. If proven, this…
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