Supreme & district courts

SUPREME COURT

The Supreme Court is Western Australia’s highest court.  It is responsible for dealing with matters that are either criminal or civil. It is also the State's main appeal court. Our law firm represents people who are required to attend this court on matters ranging from very serious criminal charges, such as murder, armed robbery, arson and serious breaches of Commonwealth drug enforcement laws. The court generally requires that people attending judicial proceedings are represented by Barristers. JD Hawkins is a law firm that operates regularly in the Supreme Court.

MURDER

Criminal Code 1913 (WA) s 279

The law
If a person unlawfully kills another person and —

• The person intends to cause the death of that person killed or another person; or
• The person intends to cause bodily injury of such a nature as to endanger, or be likely to endanger, the life of the person killed or another person; or
• The death is caused by means of an act done in the prosecution of an unlawful purpose, which act is of such a nature as to be likely to endanger human life,

the person is guilty of murder.

For the purposes of (a) and (b) it is immaterial that the person did not intend to hurt the person killed. For the purpose of (c) it is immaterial that the person did not intend to hurt any person.

ARSON (OFFENCES OF LIGHTING OR ATTEMPTING TO LIGHT FIRE LIKELY TO INJURE)

The Law
A person who —

• willfully lights or causes to be lit or attempts to light a fire; or
• places a match or other inflammable or combustible substance, matter or thing in a position so that it may directly or indirectly be ignited by the rays of the sun or by friction or other means, or be exploded or set on fire, or whereby a fire may be lit or caused and with the intent to cause a fire,

under such circumstances as to be likely to injure or damage a person or property, whether the fire be caused or not, is guilty of a crime.

ROBBERY

Criminal Code 1913 (WA) s 392

The law
A person who steals a thing and, immediately before or at the time of or immediately after doing so, uses or threatens to use violence to any person or property in order —

• to obtain the thing stolen; or
• to prevent or overcome resistance to its being stolen,

is guilty of a crime and is liable — 

DISTRICT COURT

The District Court is Western Australia’s intermediate trial court placing it between the Magistrates Court and the Supreme Court.

This Court deals with serious criminal offences including serious assaults, sexual assaults, serious fraud and commercial theft, burglary and drug offences. Apart from dealing with civil claims the court also has unlimited jurisdiction in claims for damages for personal injury. At JD Hawkins we can assist you with matters you may need representation for in this court.

OFFENCES CONCERNED WITH PROHIBITED DRUGS GENERALLY (SIMPLE POSSESSION)

Misuse Of Drugs Act 1981 (WA) s 6(2)

The law
a person who has in his possession or uses a prohibited drug commits a simple offence, except when, in the case of a person who has the prohibited drug in his possession —

• he is authorised by or under this Act or by or under the Poisons Act 1964 or the Industrial Hemp Act 2004 to do so and does so in accordance with that authority; or
• the prohibited drug was sold or supplied, or requested to be sold or supplied, to him —
  • by a medical practitioner, nurse practitioner or veterinary surgeon in the lawful practice of his profession; or
  • on and in accordance with an authorised prescription.

DRUG TRAFFICKING

Misuse Of Drugs Act 1981 (WA) s 32A

The law
If a person is convicted of —

• a serious drug offence and has, during the period of 10 years ending on the day, or the first of the days, as the case requires, on which the serious drug offence was committed, been convicted of 2 or more —
  • serious drug offences; or
  • external serious drug offences; or
  • offences, one or more of which are serious drug offences and one or more of which are external serious drug offences; or
• a serious drug offence in respect of —
  • a prohibited drug in a quantity which is not less than the quantity specified in Schedule VII in relation to the prohibited drug; or
  • prohibited plants in a number which is not less than the number specified in Schedule VIII in relation to the particular species or genus to which those prohibited plants belong; or
• a relevant drug offence and, at the time of the commission of the offence, was a member of a declared criminal organisation,

The court convicting the person of the serious drug offence first referred to in paragraph (a), or the serious drug offence referred to in paragraph (b), or the relevant drug offence referred to in paragraph (c), as the case requires, shall on the application of the Director of Public Prosecutions or a police prosecutor declare the person to be a drug trafficker.

INDECENT ASSAULT

Criminal Code 1913 (WA) s 323

The law
A person who unlawfully and indecently assaults another person is guilty of a crime;

RAPE (SEXUAL PENETRATION WITHOUT CONSENT)

Criminal Code 1913 (WA) s 325

The law
A person who sexually penetrates another person without the consent of that person is guilty of a crime and is liable.

GRIEVOUS BODILY HARM (GBH)

Criminal Code 1913 (WA) s 297

The Law
Any person who unlawfully does grievous bodily harm to another is guilty of a crime, and is liable.

The term grievous bodily harm means any bodily injury of such a nature as to endanger, or be likely to endanger life, or to cause, or be likely to cause, permanent injury to health;

Including accidents, vehicle offences, non-motor-vehicle offences (aircraft), to prevent arrest

includes a reference to causing a person to have a serious disease; and

includes a reference to intending to cause a person to have a serious disease. 

ASSAULT CAUSING BODILY HARM

Criminal Code 1913 (WA) s 317

The law
Any person who unlawfully assaults another and thereby does that other person bodily harm is guilty of a crime, and is liable.

FRAUD (over $10,000)

Criminal Code 1913 (WA) s 409

The law
Any person who, with intent to defraud, by deceit or any fraudulent means —

• obtains property from any person; or
• induces any person to deliver property to another person; or
• gains a benefit, pecuniary or otherwise, for any person; or
• causes a detriment, pecuniary or otherwise, to any person; or
• induces any person to do any act that the person is lawfully entitled to abstain from doing; or
• induces any person to abstain from doing any act that the person is lawfully entitled to do, is guilty of a crime and is liable. 

STEALING

Criminal Code 1913 (WA) s 378

The law
Any person who steals anything capable of being stolen is guilty of a crime, and is liable.

BURGLARY

Criminal Code 1913 (WA) s 401

The law
A person who enters or is in the place of another person, without that other person’s consent, with intent to commit an offence in that place is guilty of a crime and is liable.

THREATS

Criminal Code 1913 (WA) s 338B

The law
Any person who makes a threat to unlawfully —

• gain a benefit, pecuniary or otherwise, for any person; or
• cause a detriment, pecuniary or otherwise, to any person; or
• prevent or hinder the doing of an act by a person who is lawfully entitled to do that act; or
• compel the doing of an act by a person who is lawfully entitled to abstain from doing that act,

is guilty of a crime and is liable.

ASSAULTS

There are several types of assaults under WA law, such as Common Assault, Assault with Intent (Aggravated Assault) and Unlawful Assault Causing Death (One Punch Law). The maximum penalties vary depending on the law.

COMMON ASSAULT

Criminal Code 1913 (WA) s 313

The law
Any person who unlawfully assaults another is guilty of a simple offence and is liable.

DEPRIVATION OF LIBERTY

Criminal Code 1913 (WA) s 333

The law
Any person who unlawfully detains another person is guilty of a crime and is liable.

DANGEROUS DRIVING CAUSING DEATH OR GBH

Road Traffic Act 1974 (WA) s 59

The law
If a motor vehicle driven by a person (the driver ) is involved in an incident occasioning the death of, or grievous bodily harm to, another person and the driver was, at the time of the incident, driving the motor vehicle —

• while under the influence of alcohol, drugs, or alcohol and drugs to such an extent as to be incapable of having proper control of the vehicle; or 
• in a manner (which expression includes speed) that is, having regard to all the circumstances of the case, dangerous to the public or to any person, the driver commits a crime and is liable. 

POSSESSION OF CHILD EXPLOITATION

Criminal Code 1913 (WA) s 220

The law
A person who has possession of child exploitation material is guilty of a crime and is liable.

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