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
As a national law firm with more than 30 years of experience, Armstrong Legal assists Australians in navigating serious legal matters across different areas of law, such as criminal law, corporate crime and traffic law. With a number of Accredited Criminal Law Specialists on our team, you are looked after by experts in their field, who have passed a rigorous assessment and been conferred with Specialist Accreditation by the Law Society.
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