There are many factors that can affect the sentencing process and the range of likely sentencing outcomes. During Sentencing, the Court Considers the Following Factors: The prior good character of a person; The circumstances of offending; The aggravating factors; The mitigating factors; The seriousness of offending. The insight of the offender; Whether the offender shows…
WN Legal can assist and represent you in the removal of life disqualification of your driver’s licence. Please note that an initial consultation for the removal of your life disqualification will incur a cost of $385 an hour or $175 for half an hour. Our free initial consultation is only tailored to criminal and restraining order…
I need help! I have been assaulted/ someone has said (or done) something that affected me! Where do I go, and what do I do now? Under the right circumstances, and with the right facts, the Court offers protection to victims of abuse. The Restraining Orders Act (1997) WA (‘Restraining Orders Act’) states that…
What is the difference between a Violence Restraining and a Misconduct Restraining Order? You will need to satisfy different criteria/elements in a violence restraining order as compared to a misconduct restraining order. In basic terms, a violence restraining order has a more ‘stringent set of elements as compared to a misconduct restraining order. However, if…
Mobile Phone Use While Driving I was caught driving while using a mobile phone but I was not even holding the mobile phone. It was on my lap! What do I do? Under regulation 265 of the Road Traffic Code 2000 (WA), a driver of the vehicle must not use a mobile phone while the vehicle is moving, or…
What is Drink Driving/Driving Under Influence (DUI)? Drink driving refers to the act of driving a vehicle whilst under the influence of alcohol above the blood alcohol concentration (‘BAC’) threshold. The BAC is the measurement of the number of grams of alcohol in 100ml of blood. If you are a driver of a vehicle, the police may take…
Dangerous Driving Offences I am charged with Dangerous Driving. What is the difference between Dangerous Driving as compared to Careless Driving or Reckless Driving? What does the Prosecution need to prove to find me guilty for Dangerous Driving? In generic terms, Careless Driving carries a lighter sentence as the ‘offending behaviour’ is seen to be…
Carless Driving The Police said that they saw me swerving and charged me with Careless Driving. What do I do? The legal test for careless driving is whether the driver has driven ‘without due care or attention, or without reasonable consideration of other persons using the road’ It is a stressful moment when you notice…
There are many factors that can affect the sentencing process and the range of likely sentencing outcomes. During Sentencing, the Court Considers the Following Factors: The prior good character of a person; The circumstances of offending; The aggravating factors; The mitigating factors; The seriousness of offending. The insight of the offender; Whether the offender shows…
Are you charged with Murder? Manslaughter? What happens when you are charged with these offences? What is the difference between Murder and Manslaughter? If a person is found guilty of murder or manslaughter, they may be liable to imprisonment for life: s. 279, s. 280 Criminal Code Act Compilation 1913 (“Criminal Code”). Both of these charges are…