To establish a criminal offence, the prosecution will need to prove each element of that particular offence ‘beyond reasonable doubt’.
You may also be entitled to rely upon one or more ‘legal defences’ to the charge.
If a legal defence is raised, the prosecution will normally then be required to prove ‘beyond reasonable doubt’ that the defence does not apply in your case.
You should never plead guilty to an offence if you are not responsible for all of its ‘elements’ or you have a valid legal defence.
If you are going to court, call us today on (02) 9261 8881 to arrange a free first conference during which our experienced defence lawyers will advise you of the strength or otherwise of the prosecution case, any available legal defences, your options and the way forward.
Our team will leave no stone unturned to ensure you receive the most effective defence whatever your criminal law or traffic case may be.
Self-defence is a complete defence to a criminal charge which means it leads to a verdict of ‘not guilty’. The defence is contained in Section 418 of the Crimes Act 1900 which provides that you are not criminally responsible for...
Necessity is a complete defence to a criminal charge which means it leads to a verdict of ‘not guilty’. You acted out of necessity if: You honestly believed on reasonable grounds that you or someone you were ‘bound to protect’...
Duress is a complete defence to a criminal charge which means it leads to a verdict of ‘not guilty’ your actions were committed under duress if: You received a threat of death or serious injury to yourself, a member of...
Lawful Correction is a complete defence to a criminal charge which means it leads to a verdict of ‘not guilty’. The defence is contained in Section 61AA of the Crimes Act 1900 which states that you are not criminally responsible...
Honest and Reasonable Mistake is a defence to ‘strict liability’ offences which are offences for which the prosecution does not need to prove that you acted with a level of negligence, recklessness or intent. Strict liability offences include: Speeding Drink...
Defences to Assault: Self Defence, Duress, Necessity and Lawful Correction. Visit our blog for further information on common defences to basic assault charges.
What are the defences to drug driving? How can I beat a drug driving charge? Visit this page for further information on drug driving.