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
Started as Brezniak Neil Smith in a small Sydney office, Armstrong Legal has grown into a national law firm with over 30 years of experience helping Australians handle serious legal matters with clarity and care. Our experienced lawyers guide clients through a broad spectrum of legal matters with professionalism and empathy.
We act promptly because we recognise that time limits can apply in different legal matters, whether you're interested in "drunk driving lawyer", "restraining order victoria" or "best criminal attorneys". Expert lawyers here can advise on matters like contested wills, ASIC offences or insider trading.
Before providing advice on your situation, our team will ask about the timeline of events, issues involved and your desired outcome. Our lawyers can also help you gain clarity on topics like "dui lawyer", "best criminal defence lawyers sydney" or "can you contest a will after probate is granted", so contact us today.