What is a serious or violent crime in Western Australia?
In Western Australia, serious or violent crimes include but are not limited to murder, manslaughter, assault causing bodily harm, sexual assault, and armed robbery. These types of crimes are considered to be more severe and are typically punishable by longer prison sentences.
What is the legal process in a serious or violent crime in Western Australia?
The steps in a serious or violent crime in Western Australia would typically involve the following:
- Report the crime to the police: The victim or a witness would contact the police and provide details of the incident. The police would then attend the scene and gather evidence.
- Investigation: The police would conduct an investigation to gather evidence and identify suspects. This may include interviewing witnesses, collecting forensic evidence, and reviewing CCTV footage.
- Arrest and charging: If the police have enough evidence to identify a suspect, they may make an arrest and charge the person with the crime.
- Bail application: The accused person may apply for bail, which would be determined by a judge or a bail justice.
- Court appearance: The accused person would appear in court, where the prosecution would present evidence against them. The accused person would have the opportunity to enter a plea of guilty or not guilty.
- Trial: If the accused person pleads not guilty, a trial would be held in which the prosecution and defence would present evidence and call witnesses.
- Sentencing: If the accused person is found guilty, they would be sentenced by the judge. In Western Australia, serious or violent crimes are punishable by longer prison sentences.
Note that this is a general overview, and the specific steps may vary depending on the circumstances of the case.
How can a lawyer in Western Australia assist in defending a serious or violent crime?
A lawyer in Western Australia can assist in defending a serious or violent crime by providing the following services:
- Advising on the charges: The lawyer will advise the accused person on the nature of the charges and the potential penalties if convicted.
- Reviewing the evidence: The lawyer will review the evidence collected by the police and prosecution and identify any weaknesses or inconsistencies in the case against the accused person.
- Building a defence: The lawyer will work with the accused person to build a defence based on the evidence and circumstances of the case. This may include calling witnesses, presenting expert evidence, and arguing that the accused person’s rights were violated during the investigation.
- Representing the accused in court: The lawyer will represent the accused person in court, cross-examine prosecution witnesses, and make arguments on their behalf.
- Negotiating a plea bargain: If appropriate, the lawyer may negotiate a plea bargain with the prosecution, which would involve the accused person pleading guilty to a lesser charge in exchange for a more lenient sentence.
- Appeal: If the accused person is convicted, the lawyer can help them to appeal the conviction and/or sentence if there are grounds for doing so.
- Advising on the appeals process: The lawyer will advise the accused person on the appeals process and what steps they need to take in order to file an appeal.
It is important to note that a lawyer will only be able to assist in the defence if the accused person decides to cooperate and follow the legal advice provided.
Call Rebus Legal on 1800 732 875 and request a free 15-minute consultation to assess your case in one of our conveniently located offices in Victoria Park, Osborne Park or Joondalup.