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Deprivation of Liberty

Other Criminal Offences – WA

Welcome to the WA Deprivation of Liberty article page. Everything you need to know about Deprivation of Liberty according to WA Law.

What the Law states according to WA Law for Deprivation of Liberty

According to WA Law for the charge of Deprivation of Liberty:

Section 333: Any person who unlawfully detains another person, is guilty of a crime.

A person ‘detains’ another if they take or entice another person away, or if they confine or detain another person in any place.

The Maximum Penalty – Deprivation of Liberty

According to WA Law for the charge of Deprivation of Liberty:

The maximum penalty is 10 years imprisonment.

What the Police must prove according to WA Law for Deprivation of Liberty

(1) That the offender detained another person;
(2) That the other person did not consent to being detained; and
(3) That the detention was unlawful, that means it was not authorised, justified or excused by law.

Possible Defences under WA Law – Deprivation of Liberty

(a) Duress;
(b) Emergency;
(c) Insanity;
(d) Lawful authority;
(e) Consent; and
(f) The person was not detained and was free to leave.

In WA which court will hear the matter – Deprivation of Liberty

The matter would be heard in the District Court.

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