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There are a number of defences to criminal charges. Depending on the circumstances of your case, you may be able to defend your charge. If you intend to plead not guilty, you will need to submit a defence. Our Criminal Defense Lawyers are experts in the field of defences to criminal charges. You can be assured that you will receive technical and precise legal advice and assistance from our Criminal law team.  Below, we have listed and set out some of the defences that may be available to you in respect of any criminal charge or charges that you may be facing. 

Necessity

The defense of necessity is used where the defendant believes that the act constituting the offence was carried out under exceptional circumstances, where the defendant had no choice but to disobey the law at the time.

In deciding whether to accept the defence, the court will have regard to number of factors including the following:

  • Whether the unlawful act constituting the offence was in fact used to prevent a more extreme unlawful act;
  • Whether there were any other options available to the defendant at the time; and
  • The unlawful act was effective in combating the other more extreme unlawful act and was proportional to the situation.

The effect of this defence will rely on the situation and individual circumstances of a case. Our Criminal Lawyers will assess your case and will advise you on the reasonable success of this defence.

Duress

The defense of duress is made out if the defendant proves that he or she committed the offence due to the threat of another person. An example where this defence may be used is if a person threatens the defendant that if he or she does not break and enter physical premises to commit an act of larceny, his or her family will be killed.

There are limits on the use of this defence and it may not suit all circumstances. If this defence is adopted, the Court will assess whether the threat imposed was continuing at the time of the offence and the threat was so extreme that a person of ordinary firmness of mind and will would have taken the course of action taken by the defendant.

Self Defence

The defense of self defence is generally used in charges of assault or homicide. As the defense suggests, it operates by alleging the defendant performed the act that is the subject to the offence to protect him or herself. The interesting thing about raising self defence is that the defendant merely needs to raise self defence as an issue and it is up to the prosecution to prove beyond reasonable doubt that self defence was not the reason for the offence.

To prove, beyond a reasonable doubt that self defence was not relevant to the offence, the prosecution must show that the defendant did not genuinely believe that it was necessary to perform the act in question to defend him or herself and further, the defendant in performing the act, acted disproportionately to the immediate danger. 

For further information or assistance on your case, and any potential defences that may be available to you, contact our firm to speak to a Criminal Defence Lawyer and receive criminal law advice on your matter from our highly experienced criminal law team. Please call (02) 9233 4048 or send an email to info@navado.com.au. 

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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