Criminal Offence Information WA
There are specific descriptions used in Australia to describe criminal offences. These were revised back in 2001 as part of the Australian Standard Offence Classification (ASOC). A summary of the main criminal offences is outlined below:
Murder is defined as the unlawful killing of someone when the intention of a particular act was designed to kill. This includes inflicting grievous bodily harm knowing that the act could kill the person. If a crime is being committed and an unintentional murder takes place, this is still considered murder.
Attempted murder is where murder did not take place, but the intention was to kill, or the act was intended to inflict grievous bodily harm which could have resulted in death..
Manslaughter is when a death takes place as a result of negligent, careless, illegal or reckless behaviour. It could happen when a person is provoked and loses control but did not intend to kill someone else. An example is when a person kills another in a car accident because of the negligent way they drove..
Aggravated Sexual Assault
A sexual assault is when a sexual act takes place without the consent of the victim. It becomes aggravated sexual assault when a weapon has been used by the perpetrator, sexual intercourse through penetration has taken place, permission has not been given by the victim, two or more people have been involved in the sexual assault or injury to the victim has taken place. It includes carnal knowledge, unlawful sexual intercourse and illegal fellatio/cunnilingus. Sexual assault is not defined as aggravated when such a things as an indecent assault takes place.
Aggravated Assault, as defined by WA law, is when an assault is considered to be aggravated when it takes place with others, a weapon is used, the intention was to commit a crime or the person acted in a manner that was intended to bring about injury or threaten life..
Non-Aggravated Assault is when an injury or violent act is inflicted on someone but it does not involve confrontation, such as poisoning.
Threatening Behaviour is when someone orally threatens to hurt another using a telephone, recording device or in writing.
Deprivation of Liberty is when someone holds another person against his or her will including abduction.
Aggravated Robbery comes in two forms, one with a firearm and one without. They both involve the taking of property from someone with the intention of permanently depriving them of it. If a firearm is used and injury takes place, then it’s called aggravated robbery with a firearm.
Non-Aggravated Robbery is when no firearm was involved, no injury took place and there was only one person involved in the act. This includes blackmail, threatening to destroy a person’s reputation, destroying a person’s property and misusing authority.
Burglary comes in two forms. The first is attempting to enter any building used for human habitation including a caravan or tent with the intention of stealing property. The second is the entering of a building which is not used for human habitation, without permission of the owner and with the intention of stealing property.
Theft is slightly different from burglary, as no force is used, but the intention is to obtain money, services or goods with the express intention of depriving the owner of their use permanently.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.
Whether you're in Brisbane, Melbourne, Sydney, Perth or even Adelaide we have criminal lawyers that are ready to help you instantly.
Do you have a question about any aspect of criminal law. If yes, Complete this form "Ask a Question" and we will then send it off to one of our criminal lawyers.ASK A QUESTION