Even though Australians do not have a constitutional right to remain silent, the right to silence in Australia is recognised by state and federal courts. Across Australia, the right to silence is viewed as a fundamental common law right. Does WA have a right to remain silent? Western Australia has a general right to…
When facing criminal charges, the accused may contemplate entering a guilty plea. Motives for this can be unique to the individual, but there are several reasons to consider a guilty plea. Expressing remorse, avoiding the stress and expense of a trial, and the potential for leniency are often cited as explanations for choosing to plead…
Historically, the Western Australian Government has been tough on those taking part in the possession, distribution, and use of illegal drugs. Penalties ranged from fines to an immediate term of imprisonment, depending on the specifics and circumstances of the case. Some changes to the law took place in 2011 to avoid criminalising first-time offenders or…
What is Persistent Sexual Conduct with a Child? Under Section 321A of the criminal code, a person is said to have committed the offence of persistent sexual conduct with a child if they engage in sexual acts with someone under the age of 16 on three or more occasions. The acts committed on these occasions…
Within the legal system, there is a consistent need to find appropriate responses to criminal activities. In the state of Western Australia, the Court can impose the following sentences.
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