Delta Legal

©2017 Delta Legal

 

CRIMINAL LAW PERTH LAWYERS

If you have been charged with an offence, or if you suspect that you may be under investigation it is vital to get competent legal advice as early as possible. Our lawyers are experts in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter. 

 

LEGAL ADVICE AND REPRESENTATION IN:

 

Supreme Court
District Court
Magistrates Court
Children’s Court

BAIL APPLICATIONS

 

PLEA IN MITIGATION

If you have already pleaded guilty on up-to 3 criminal or traffic charges  in any Perth metropolitan Magistrates Court we offer fixed fee for plea in mitigation ( to minimise the penalty ). 

The fee includes 1 appointment with Delta Legal criminal lawyer and/or 1 court appearance for a fixed fee of $990.00 or 2 appearances for $1,550. 

TRIALS

During a trial, the accused may be tried by judge alone or by judge and jury. In most cases, the trials are held in an open Court where members of the public may be present. If the accused is a juvenile,i.e. underage, the trial will be conducted in the Children's Court. The victims of the offences have a right to be informed about the progress of the related trial in the Court

SENTENCING HEARINGS

The justification behind imposition of any sentence upon an offender or an accused is that the sentence should be appropriate and in context with the gravity or seriousness of the offence. The Sentencing Act 1995 mandates that the Court must not impose a sentence of imprisonment on an offender unless absolutely required.

 

VIOLENCE RESTRAINING ORDERS

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CRIMINAL COMPENSATION

When the person responsible for the crime against you is convicted, you may be able to apply to the court sentencing the offender for a compensation or restitution order. The application can be made up to 12 months after the date of sentencing

Are you victim of a crime? Call us now.

SPENT CONVICTIONS

A spent conviction absolves an offender of the burden of having a criminal record.

 

​APPLICATION FOR SPENT CONVICTION - Conviction that is declared spent effectively limits the disclosure of that conviction. WA Police can only spend a lesser conviction heard in a WA Court. A lesser conviction is one for which a fine of $15, 000 or less or a term of imprisonment not more than 12 months was imposed.

APPEALS

If you feel the outcome of your criminal matter was incorrect we can help you launch an appeal. An appeal is a request made by the Appellant (person proceeding with the application) to the Supreme Court against the order of the lower Court. The Appellant have to set out the reasons for the appeal or grounds of appeal.

DEALING WITH POLICE                                                                                                                           

If you have been arrested or asked by police to accompany them or meet them at a police station for questioning or “ a chat” or  to  participate in a suspect interview (usually recorded on a video): 

 

You only have to provide your name and your address and date of birth upon request. You do not need to say any more than that and should not do so. You must co-operate with police once you are told you are under arrest, and this includes complying with any finger printing or swab tests for DNA. 

You DO NOT have to participate in an interview. 

 

You have the right to remain silent. You should never make any admissions to police before, during or after being arrested. If you choose to remain silent – it cannot be used against you in court. But if you choose not to remain silent – what you say can be used against you in court. Therefore you should always remain silent.

 

Never do a Video interview with Police. If they want to interview you, then most likely they know things that you don’t, and are likely to arrest you anyway.

If police thinks you are a suspect, you should not tell them anything. Even things that you think are not important may turn out to be important later, and you would have locked yourself into a position. Police will always know things that you don’t know, so you should say nothing.

Already charged ?

​You must not discuss out of court what your evidence will be with any person who is likely to also be a witness in court. You should not threaten or intimidate any other person involved in the matter as to what their evidence will be.

You do not have to give evidence in court. The decision whether or not to give evidence is entirely yours. The Court cannot conclude that you committed the offence simply because you did not give evidence. However, if you do or do not give evidence, may be a matter which affects the outcome of the case given all of the evidence presented at the trial.

You must come to court when you are supposed to, and keep all appointments with court officers. Otherwise you may have your bail or parole revoked, and be remanded into custody.

CRIMINAL OFFENCES

We act or have acted for clients in different jurisdictions in relation to ​VARIOUS CRIMINAL OFFENCES under State and Commonwealth Law including  bankruptcy, fraud, drug import and matters investigated by Australian federal Police or ASIC.

​DRUG OFFENCES –including sale, supply, cultivation or manufacture of a prohibited drug or plant; or possession or use of a prohibited drug or plant, or the unlawful possession of a smoking implement.

We also act in relation matters relating to confiscation of property. 

 

Under the Western Australian legal regime, it is illegal to possess, use, manufacture, cultivate or traffic an illegal drug.

 

There are two kinds of offences relating to the possession and trafficking of drugs are-

Trafficking, Supply - includes unlawful sale, supply, cultivation or manufacture of a prohibited drug or plant. Offences pertaining to trafficking and supply of drugs attract a maximum $100,000 fine and/or 25 years in prison.

 

Possession - The unlawful possession or use of a prohibited drug or plant, or the unlawful possession of a smoking implement. Offence in relation to the illegal possession of drug entices a punishment of a maximum $2,000 fine and/or 2 years in prison

SEXUAL OFFENCES

Sex offences range from non-consensual sexual acts (against both adults and children) to accessing, distribution, possession and production of child exploitation material /child pornography (CEM). These matters are serious and the penalties can be severe therefore it is essential that you talk to a lawyer at early stage.

ASSAULT OFFENCES

Common assault, assault occasioning bodily harm (AOBH) and grievous bodily harm (GBH).

CRIMINAL DAMAGE (section 444 of the Criminal Code)

 

Section 444: Any person who wilfully or unlawfully destroys or damages any property, is guilty of a crime.

“Unlawful” is defined in the Criminal Code as an act which causes injury to the property of another, and which is done without the other’s consent, is unlawful unless it is authorise, justified or excused by law.

 

“Wilfully destroy or damage” means where a person does an act or omits to do an act intending to destroy or damage property, or knowing or believing that the act is likely to destroy or damage property. If the act or omission results in the damage or destruction of property, the person is regarded to have wilfully destroyed or damaged the property.

 

If the matter is heard in the District Court, the maximum penalty is 10 years. If the destruction is by fire, the maximum penalty is 14 years. 

PROPERTY OFFENCES: STEALING / ARMED ROBBERY / BURGLARY 

HOMICIDE

​​Murder is the unlawful homicide of another person with an intention to kill, or the intent to cause grievous bodily harm or with the knowledge that it will in all probabilities lead to the death or grievous bodily harm of the victim.

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Manslaughter is the unlawful homicide of another person with intent to kill but being deprived of the power of self-control i.e., by provocation or under circumstances amounting to diminished responsibility. Manslaughter charges are also imposed when there is no intention to kill and the death results due to careless, reckless, negligent, unlawful or dangerous act.

Unlawful Wounding

COMPUTER / CYBER-CRIME OFFENCES

​A person accused of a computer-related crime should seek the assistance of a criminal lawyer who has both a technical and a legal understanding of the complexities raised by cybercrime offences.

WHITE COLLAR CRIME

​Corporate criminology deals with crimes committed by a corporation having a separate legal entity from that of a natural person who controls and oversees its functioning, or by individuals acting on behalf of a corporation or other business entity acting within the meaning of vicarious liability. Corporate crime broadly encompasses the following areas:

(a) white-collar crimes

 

(b) organised crime, in case criminals establish companies either for the purposes of committing a crime or as a vehicles for laundering the proceeds of crime.

 

(c) state-corporate crime because, in many jurisdictions the opportunity to commit crime arises from the relationship between the corporation and the state.

 

Corporate crime falls within the domain of crime committed within the course of one's occupation by persons of relatively high social status or the class of workers generally perceived as white collar workers. Corporate crime includes offences committed by companies or their agents against members of the public, the environment, creditors, investors or corporate competitors.

 

The Australian Securities and Investment Commission (ASIC) is responsible for the supervision and/or control of the corporate activity in Australia. The authority of ASIC stems from the following Commonwealth legislations:

(a) The Corporations Act;

(b) The Australian Securities and Investments Act (ASIC Act).

FRAUD

Under the Western Australia Criminal Code, a person can be convicted of fraud if it can be proved that he had the intention to defraud, by deceit or any fraudulent means, to:

(a) obtain property from any person; or

(b) induce any person to deliver property to another person; or

(c) gain a benefit, pecuniary or otherwise, for any person; or

(d) cause a detriment, pecuniary or otherwise, to any person; or

(e) induce any person to do any act that the person is lawfully entitled to abstain from doing; or;

(f) induce any person to abstain from doing any act that the person is lawfully entitled to do.

The maximum penalty for fraud is 10 years if the person deceived is over 60 years old, or 7 years otherwise