Defences

Duress

Duress is a full defence and if established, the accused will be acquitted of the offence charged. Generally, duress may be raised by an accused as a defence to unlawful conduct when that conduct was committed in response to a threat of death or serious harm. Read More

    Honest and Reasonable Mistake

    The defence of honest and reasonable mistake of fact is a defence open in many statutory offences, and requires the defendant to meet what is called an “evidentiary burden”. Read More

      Intoxication

      There are two circumstances in which evidence of intoxication can be used as a defence, when a person is charged with an offence of specific intent, or when the intoxication of the accused person was not self-induced. Read More


        Provocation

        The defence of provocation is a partial defence and may be raised to the charge of murder. A successful defence of provocation will reduce the charge of murder to voluntary manslaughter. Read More

          Self Defence

          Self defence is provided for in section 418 of the Crimes Act 1914 and considers whether the accused believed that their conduct was necessary to defend themself, and whether what the accused did was a reasonable response in the circumstances as they perceived it. Read More