Consideration for a Judicial Commission

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Published on: October 9, 2016

Consideration for a Judicial Commission (JC) A JC can be an independent statutory corporation that reports to the State Parliament. The purpose of the JC is to publish information about criminal law cases to achieve consistency in imposing sentencing and the conduct of criminal proceedings. While we do not wish to infringe upon the discretion and independence of judicial officers, there should be consistency in assessing matters such as circumstances of aggravation or mitigation. The JC would allow a form of CPD for the judiciary, to keep them up…more…

New Mandatory Sentence Laws Passed for WA

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Published on: September 28, 2015

New laws have passed the houses of parliament, to be gazetted by the end of the year. In an article on the ABC politicians were on hand to talk up the “tough new laws” which will see serious sexual or physical assaults during a burglary on a dwelling carry a minimum mandatory term of 75% of the maximum sentence.  This would see rape during a home invasion carry a minimum 15 years imprisonment (maximum 20 year penalty) and those that commit an assault during such a burglary receiving a minimum…more…

When Not Guilty is still a Loss (3 July 2014)

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Published on: August 4, 2014

My client was recently acquitted in a large drug haul case involving 36kg of the importation of methyl amphetamine.  This was one of the largest hauls of the drug in Western Australia and had an estimated street value of $30 million.     After 18 months and a trial lasting 9 weeks you would think that my client would be happy; well Yes and No.  Yes because she was acquitted, but No due to the 18 months of being involved in this caper costing her in the real…more…

Synthetic Drug use and importation under the spotlight (7 June 2013)

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Published on: July 17, 2014

With the death of Henry Kwan on 5 June 2013 in Sydney there has been calls for synthetic drugs to be banned. Of course, it’s not as easy as that. The current scheme, in WA, bans substances according to the Misuse of Drugs Act. The usual course is to list the prohibited substances such as Cannabis, Methylamphetamine, Cocaine, Heroin and MDMA to name some well known drugs. WA is also subject to Commonwealth laws and this caters to those that cross Federal boundaries such as importing a synthetic canabanoid…more…

Police Commissioner making some sense…(16 May 2013)

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Published on: July 17, 2014

So there was word on the weekend that WA’s Police Commissioner, Mr Karl O’Callaghan, wanted a ‘review’ of how police, mainly traffic police, operate to better use the resources. Surprisingly, this was met with some backlash by the police union with their President, Mr George Tilbury, complaining about lack of consultation. He has a point, but his words of “The major issue that my members are angry about is that this announcement effectively changing the way they’ve done business for decades was announced publicly by the Commissioner without any consultation…more…

Extraordinary Driver’s Licences

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Published on: July 17, 2014

Mr Tom Davies, an ‘anti-drink driving campaigner’, has decided to make a song and dance about the need to abolish extraordinary drivers licences (‘EDLs’). It seems the media is obviously agreeable to such steps as they report how easy it is to get one despite the ‘WA road toll spiralling out of control’. Of course while the media points out that ‘about 6 a day’ are being granted, they fail to point out that on any given day, in one Court, there are usually about 20 applications heard…more…

Mandatory Sentencing for Burglaries

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Published on: July 17, 2014

Mandatory sentencing must be the buzz word for this year’s WA election campaigns…both parties are pushing for mandatory jail terms for those that commit serious physical or sexual assaults in a home burglary. What they fail to mention is the Courts have been sentencing prisoners to imprisonment for just these types of offences. In fact, I can guarantee that if you commit a serious physical or sexual assault while committing a burglary on a dwelling you will go to jail for a significant period of time. The campaign…more…

Proposed ‘Hoon Law’ Amendments (17 Feb 2013)

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Published on: July 17, 2014

Yet more and more indication that the Court’s discretion in matters is being eroded with the announcement that the State Liberal Government is proposing amendments to confiscate vehicles that “cause distress” to neighbours or damage property including leaving tyre marks on roads. For anyone in the business, that means pretty much any Reckless Driving offence will mean a loss of your vehicle. Having been involved in cars being confiscated I can tell you there is very little that a person can do to argue against the confiscation of…more…

Mandatory Sentencing for Juveniles

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Published on: July 17, 2014

Nobody wants anyone, especially public servants performing their duties, being assaulted in any form but the State Government of WA is seeking to amend laws to consider Youth Custodial Officers (YCO’s) as part of the group of ‘Public Officers’ where assaulting one could land you in prison. Fortunately, the period of time being considered for juveniles is 3 months as a minimum. The laws are currently constructed around the premise that if you assault a Public Officer (e.g. police, ambulance officers, transit guards, court security officers, prison officers)…more…

Site revamp

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Published on: July 10, 2014

Hi Everyone, sorry the site is currently being constructed.   My contact details are above if you wish to contact me.   Cheers, Stephen.

Welcome , today is Tuesday, October 16, 2018