Sydney Criminal Charges: 5 Defences You Need To Know

By Author: Chadi Irani
Total Articles: 70
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When you are facing criminal charges, your life becomes much more difficult than it was before. You may lose your job or be unable to provide for your family, you may even go to jail! But that doesn’t mean you should give up. Even if you feel like the odds are stacked against you, you still have options when it comes to defending yourself against criminal charges in Sydney. One of the top criminal law firms Sydney explains the five common defences that could help you win your case and restore your freedom.

Self-Defence:

In most jurisdictions, you have a right to use force against another person in self-defence. But what exactly is self-defence? It means protecting yourself or others from harm or death. The key question when determining whether your use of force was self-defence is whether your actions were proportionate and necessary in order to avoid an attack.

Duress:

According to a criminal defence lawyer Sydney, duress is an uncommon defence that can sometimes be used in situations where you had no real choice but to break a law. It can only be successfully used when three requirements are met: ...
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- You were threatened or attacked

- You feared for your safety or property

- There was little time for reflection

For example, suppose someone threatens to shoot you if you don’t pay them $10,000 by tomorrow at noon.

Automatism:

This is a legal term for certain forms of conduct that are considered involuntary. In particular, automatism applies when someone’s mental function is reduced due to an external force (not self-inflicted) and there is no intent or voluntary action involved in carrying out an act. In other words, you cannot be held responsible for a crime if you had no control over your actions. This defence may be particularly useful for those with acute mental disorders such as schizophrenia or bipolar disorder.

Intoxication:

If a person consumed so much alcohol or drugs that they could not make an informed decision, the court would take that into consideration. Criminal defense lawyers explain that even if intoxication is used as a defence in court, it does not mean that there will be no consequences for your actions. Rather, it means that your criminal charges will likely be reduced from more serious offences down to less serious ones.

Claim of Right:

This defence is a bit more complicated, but it’s essentially where you take responsibility for your actions by claiming that you genuinely believed you were entitled to do what you did. Say, for example, you “stole” something because you thought it was yours, you can use claim of right as a defence in court. However, there are some limitations on when claim of right can be used.

Defending criminal charges can be overwhelming, especially if you’re facing the possibility of jail time. Most people don’t know how to defend themselves against serious charges like assault or drug possession, but knowing the common defences and getting the assistance of top criminal law firms Sydney should immensely help.