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
For more than 30 years, Armstrong Legal has helped Australians manage serious legal matters with clarity and care. With offices in Sydney, Melbourne, Brisbane, Canberra, Mornington and Geelong, our priority is our clients' interests, and we provide them with guidance when making informed decisions.
Our national team includes lawyers across Australia who understand diverse cultures and support clients from a wide range of backgrounds, so you can ask them about topics related to "traffic offence lawyer", "contest a will lawyer liverpool" or "blacktown criminal lawyers" with ease. If you are facing legal matters regarding family violence, ASIC offences or affray, our lawyers can explain your rights, evaluate your options and help you understand the likely path forward.
We may offer a "No Win No Fee" agreement on a case-by-case basis for some family provision claims if you're considering your funding options for legal support while researching "estate litigation lawyer near me", "how long have you got to contest a will" or "can i contest a will after probate". What's more, for certain estate litigation cases, we may provide a Pay-at-End arrangement depending on the client's circumstances, so contact our friendly team now for an assessment of your case.