“Beyond reasonable doubt” is the high standard of proof used in criminal cases. It is the legal test the prosecution must meet before a court can convict someone. It matters because criminal convictions can lead to serious penalties, including loss of liberty, so the law sets the bar high before the state can prove a…
Committal hearings are often misunderstood in Western Australia and are sometimes described as a form of preliminary trial. Under WA law, that description is inaccurate. This article explains what a committal hearing actually is under the Criminal Procedure Act 2004 (WA), how it fits into the criminal court process, and what the Magistrates Court does…
Firearm offences in Western Australia are governed primarily by the Firearms Act 1973 (WA). The Act establishes a licensing-based control system and creates offences for unauthorised possession, unsafe storage, and dangerous use of firearms. WA law treats firearm offences seriously because firearms are inherently dangerous and pose a risk to public safety if they are…
In Western Australia, the Criminal Code recognises that people should not be held guilty of a crime for something that happened entirely by accident. This is called the Defence of Accident, and it can be a complete defence to many criminal charges if the event was truly unforeseen and unintentional. What is the Defence…
Automatism is a legal concept used when a person’s actions were involuntary, meaning the act happened without conscious control or choice. In Western Australia, this is most commonly argued under section 23A (Unwilled acts and omissions) of the Criminal Code (WA). In plain terms, the argument is: the body moved, but the person did not…
Key Summary: The difference between common vs aggravated assault in WA is outlined in the Criminal Code Act Compilation Act 1913, where common assault (section 318) involves threats or minor harm, with penalties reflecting the lower severity. Aggravated assault (section 318(2)) involves additional aggravating factors—such as the use of weapons, serious injury, or assault on…
Choosing the right criminal defence lawyer can make all the difference. Whether you’re dealing with police interviews, court dates, or serious charges, the approach your lawyer takes will shape the outcome of your case. Here’s why clients across Perth trust WN Legal to represent them. 1. Hands-On, Personal Service from Start to Finish We’re…
In Western Australia the Criminal Code sets two clear levels of injury. Bodily harm covers cuts, bruises and other hurts that interfere with health or comfort but normally mend. Grievous bodily harm covers wounds that endanger life or are likely to cause permanent damage, such as a punctured lung or a badly broken bone. Because…
Being charged—or even questioned—by police is stressful and confusing. Western Australia’s criminal laws, court rules and deadlines move quickly, and mis-steps can carry long-term consequences. Engaging an experienced Perth criminal defence lawyer gives you clarity, structure and the best chance of protecting your future. 1. Immediate, Reliable Advice Under the Criminal Investigation Act 2006…
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…