Defences
When a person pleads not guilty to a criminal offence, they must advance a defence. This may be a legal defence, such as self-defence or mental illness or a factual defence such as the existence of an alibi or arguing that the accused was mistakenly identified.
In order for a person to be found guilty of a criminal offence, the prosecution must prove them guilty beyond a reasonable doubt. However, when the defence raises certain defences, the burden of proof is shifted. For instance, when the defence advances the defence of insanity, it bears the burden of proving that the defence applies. If a court is not satisfied beyond a reasonable doubt that a defence does not apply, it must find the accused not guilty.
This section of the site contains information on criminal defences.
About Armstrong Legal
Armstrong Legal is a national law firm that has spent more than 30 years guiding Australians through serious legal matters. Our team of lawyers now operates across many states and territories, working in areas such as criminal law, corporate crime and traffic law.
Through Court appearances that happen almost every day, each of our lawyers regularly strengthens their real-world experience to provide confident, informed representation. Additionally, our culturally aware team supports clients from diverse backgrounds and can explain a person's rights and options in plain language to clarify the likely path forward, whether they are searching for "criminal lawyer Gold Coast", "defence legal" or "Sydney criminal lawyers".
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