Articles

Trial By Judge Alone: is it possible and if so, is it preferable?

In recent years, there have been numerous high profile criminal defendants across Australia that have been the subject of intense media coverage, including Gerard Bayden-Clay, Adrian Bayley, Robert Hughes and Cardinal George Pell.In Western Australia, there was a veritable media frenzy during the trials of Lloyd Rayney, Francis Wark and now, the alleged ‘Claremont serial…

Read More

Violence Restraining Orders: Then and Now

On 1 July 2017, major amendments to the Restraining Orders Act 1997 came into effect, creating, among other things, a new class of restraining order; the Family Violence Restraining Order. Just over a year later, and more than twenty years after the Act became law, it is worth reflecting on what the law was, what…

Read More

A Brief Outline of Confiscation Legislation in Western Australia

Considering the impact a criminal confiscation can have on an individual and their family, experience has shown that most people charged with an offence that enlivens the provisions of Criminal Property Confiscation Act 2000, have no idea of the ramifications or how the Act works. Put at its simplest, the State can confiscate any property…

Read More

Aggravated Home Burglaries – Three Strikes and You Are Out!

Aggravated home burglaries are considered one of the more serious criminal offences in Western Australia. Under section 401(1) of the Criminal Code, the offence of home burglary carries a penalty of up to 18 years imprisonment.1 If the offence is carried out in circumstances of aggravation, the offender could face a term of up to…

Read More

Proposed Changes to Jurisdiction in the Magistrates, District and Supreme Courts

September, 2018. Changes that could have a big effect on the efficiency of the court system are currently being discussed in the Western Australian Parliament. These proposed changes follow the recent changes to the Misuse of Drugs Act, which raised the maximum penalty of possession of more than 28grams of methylamphetamine, with intent to sell…

Read More