Mandatory sentencing in Western Australia is where Parliament requires a court to impose at least a minimum sentence for a particular offence or for an offence committed in particular circumstances. In those cases, the judge does not have full freedom to sentence below that minimum, even if there are personal circumstances that would usually matter…
“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…