Articles:
We've included some helpful articles on areas in criminal and traffic law, including drink driving and drug driving information, what to expect in police interviews, bail applications and more.
Please note: The material in these articles is for informational use only and should not be construed as legal advice. For answers to your questions regarding this or other topics, please contact Andrew Williams Law Offices.
Deemed Possession for Drug Charges, Can You Fight It?
The following paragraphs outline commonly charged drug offences in Western Australia, their penalties, how the doctrine of deemed possession applies to these offences, as well as the arguments that may arise by the defence to counter the doctrine.
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The Difference Between Bail And Parole
In this article we explain the key differences between Bail and Parole, including both the process of bail and the process of parole in WA, when each process comes into play within the criminal justice system, as well as the relevant legal tests that govern each process.
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Can WA Police Search Your Phone?
Can police search your phone without a warrant in WA? Do you have to provide your passcode? The following article outlines the law in WA regarding police access to your phone, including the distinction between searches with a warrant and without a warrant, as well as special powers to place a legal obligation on individuals to provide their passcodes.
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How WA Police Use Forensic Science To Investigate Crimes
By employing advanced scientific techniques, forensic specialists assist detectives in gathering and interpreting evidence to reconstruct crime scenes and identify suspects. This article outlines the key forensic disciplines used in WA, including crime scene analysis, forensic pathology, fingerprint identification, trace evidence analysis and forensic DNA profiling.
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What Are The Rules Regarding Undercover Police in WA?
The use of sniffer dogs by police as a tool for drug detection is a contentious issue, with critics arguing that sniffer dogs are unreliable, often leading to unwarranted searches based on false positives. The following outlines the legality of police use of drug sniffer dogs in Western Australia including when they can be used, when you can be searched and possible…
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What Is The Sex Offender Register in WA?
The Community Protection Offender Register (sometimes colloquially called the ‘WA sex offender register’) is a database of known offenders managed by the Western Australia Police Force. The following explains who ends up on the register, whether it is publicly accessible, the requirements on the register and how somebody can get themselves removed.
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Is The Police Use of Drug Sniffer Dogs Legal in WA?
The use of sniffer dogs by police as a tool for drug detection is a contentious issue, with critics arguing that sniffer dogs are unreliable, often leading to unwarranted searches based on false positives. The following outlines the legality of police use of drug sniffer dogs in Western Australia including when they can be used, when you can be searched and possible…
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Can You Record Someone Without Permission?
In our technologically advanced world, smartphones and other readily available devices make it easy for people to make videos and audio recordings of others. However in Western Australia, there are strict laws governing when and how someone can be recorded without their consent.
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Offences Related To Cannabis In Western Australia
Cannabis is Australia’s favourite illegal drug, with around a third of Australians having consumed the drug in their lifetime and one in ten smoking it regularly. The following outlines these key offences as well as potential defences that could be raised if you are charged with a cannabis-related offence.
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Methamphetamine Offences in Western Australia
Crystal methamphetamine, also known as "meth" or "ice," continues to be a popular recreational drug in Australia, particularly among a limited yet enduring user base. Here is an outline of the offences and penalties involving methamphetamine in Western Australia, as well as possible defence strategies.
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When Does An Online Threat Become An Offence?
The internet can sometimes be a nasty place with people making comments to others they would never make in person. Several Commonwealth and Western Australian criminal laws may be contravened when a person makes a threat to another online. The following outlines key offences and their potential penalties, including terms of imprisonment.
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The Laws Regarding Sexual Choking in WA
The use of strangulation or choking during sexual intercourse is becoming an increasingly popular ‘kink’. However, this activity is not without its risks both bodily and legally. The following outlines what is meant by the colloquial term ‘sexual choking’, noting relevant WA criminal offences and whether consent is a defence.
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The Offence of Sextortion in Western Australia
Rates of ‘sextortion’ or ‘sexual extortion’ are on the rise in Western Australia with many people, particularly young men, being impacted. The following outlines the crime of sextortion and the potential criminal offences that could apply to this behaviour.
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Laws Relating to Sex Work in Western Australia
It’s the world’s oldest profession, and also the most controversial. Whilst sex work (‘prostitution’) is decriminalised in many other Australian jurisdictions, Western Australia is unique in largely criminalising the practice. Here’s what you need to know about the criminalisation of sex work and related activities in Western Australia.
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Mandatory Reporting Laws
Mandatory reporting laws for child abuse, child sexual abuse and neglect have been legislated throughout Australia’s States and Territories. Since 2009, doctors, nurses, midwives, teachers, and police officers have been mandated to report child sexual abuse.
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New Meth Buster Laws to stop drug dealers at the WA Border
New “meth-busting laws’ are set to be introduced into Western Australia with the passing of legislation which amends the Misuse of Drugs Act 1981, and gives the Western Australian Police Force unprecedented powers in targeting and stopping methyl amphetamine (‘meth’) at the WA border – before it enters our communities.
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Children on the Sex Offender Register
How does a 15-year-old boy who expressed sexual curiosity with a classmate end up on the sex offender’s register? What happened to this Perth teenager highlights how draconian the sex offender laws are in our state. The story is a catalyst for a call for reform.
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Author Andrew Williams