Offences

Criminal offences are committed against the state of Western Australia or the Commonwealth. Criminal offences in WA include violent offences like assault and causing grievous bodily harm, sexual offences and drug offences. WA also has offences relating to allowing minors to drink alcohol,  and firearm offences. This section of the site contains articles about criminal offences in WA.

Summary, either-way or indictable offences

Criminal offences can be summary offences (which are finalised in the Magistrates Court or Children’s Court) either-way offences (which can be finalised either in the Magistrates Court, District Court or the Supreme Court) or strictly indictable offences (which must be finalised in the District Court or Supreme Court).

Aggravating Factors

An aggravating factor is a factor that in the court’s opinion increases the culpability of the offender. An offence is not aggravated by the offender entering a plea of not guilty, the offender’s criminal record or that a previous sentence has not deterred the offender.

An aggravating factor might be that an assault was premeditated and prolonged, that it was committed in company with others or that the victim suffered injuries.

Mitigating Factors

A mitigating factor is a factor that in the court’s opinion decreases the culpability of the offender.

A mitigating factor might be that the offender is remorseful for their offending and that they have no prior criminal record.

Our team of criminal lawyers can assist you to navigate the criminal justice system and ensure that the appropriate and relevant factors are put before the court. Should you require our assistance with entering a plea of mitigation, we recommend you contact our specialised criminal law team.