Defences

Criminal Code Defences

  • s.16    Defence of Mental Disorder
  • s.17    Compulsion by Threats
  • s.27    Use of Force to Prevent Commission of Offence
  • s.30    Preventing Breach of Peace
  • s.34    Self-Defence or Defence of Other Person
  • s.35    Defence of Property
  • s.43    Correction of Child by Force

Common Law Defences

Every offence is governed not only by the specific wording of the applicable law but also by how that law has been interpreted by the courts.

Our courts regularly interpret and apply laws to circumstances, thereby establishing precedents or tests for other courts to apply or follow.

In other words, even laws are subject to the decisions of our Supreme Court. Examples of some Common Law Defences:

  • Alibi
  • Colour of right
  • Consent
  • Due Diligence
  • Duress
  • Entrapment
  • Intoxication
  • Lawful excuse
  • Mistake of Fact
  • Necessity
  • Officially induced error

    • If you have been charged with a criminal offence, it’s not too late. Our experienced criminal lawyer can help!