Defences at Law

Your defence is dramatically affected by the careful and competent examination of evidence that often results in successful defences.

If someone has been arrested and is presently at the police station call 0410 270 730 to speak to a solicitor.

We provide services in criminal defence and traffic law matters. We appear at:

Bail Applications
Not Guilty Hearings
Indictable Committals
Pleas of Guilty and Sentences
Defended Jury Trials
Appeals

All court attendances are our field of special expertise. We are mindful that when a person is innocent and charged, an intelligent experienced and assertive defence team is needed. If found guilty or you are intending to plead guilty, we still defend your interests and limit the severity of the outcome.

Our solicitors have a history of positive results. We are proud to note that we are often recommended by clients to their family and friends as trustworthy and hardworking lawyers (please visit our Testimonials page).

We work diligently to provide consistent quality outcomes and affordable fees.

Common defences to charges include:

Mental illness defence (insanity) : It is a defence if it is proved that at the time of allegedly committing the offence the defendant had such a defect of reason from disease of the mind that they did not know the nature and quality of the act they allegedly committed or that he did not know that what he was doing was wrong. Leading insanity cases: Ngatanyi (1980) 147 CLR 1 , Kesavarajah (1994) 181 CLR 230, 68 ALJR 670, (1994) 74 A Crim R 100).

Self defence: are actions if the person believes the conduct is necessary (a) to defend himself or herself or another person, or (b) to prevent or terminate the unlawful deprivation of his or her liberty or the liberty of another person, or (c) to protect property from unlawful taking, destruction, damage or interference, or (d) to prevent criminal trespass to any land or premises or to remove a person committing any such criminal trespass. Note that the conduct must be a reasonable response in the circumstances as he perceives them. Katarzynski [2002] NSWSC 613

Duress: This is a defence to most offences if the individual was acting under the threat of death or serious bodily harm. Makriynikos [2006] NSWCCA 170

Provocation: This is only a defence in limited circumstances. Van Den Hoek (1986) 161 CLR 158.

Double Jeopardy: Proceedings can be brought is the DPP can lead fresh and compelling evidence of the guilt. See for further info The Queen v Carroll [2002] HCA 55.

Intoxication is no longer a defence except where an offence requires specific intent such as murder. Katarzynski [2002] NSWSC 613.

Accessory: you may not be guilty of the principal offence rather you are an accessory. Johns (1980) 143 CLR 108, McAuliffe (1995) 183 CLR 108

More on Defences

For those of you who are considering representing yourself you are making a mistake. There is an old saying that goes: 'He who represents himself has a fool for a client'. Don't make that mistake. Although you have a legal right to, you are seriously putting yourself at a great disadvantage. Also, criminal laws change all the time. Tha.t is why it is so important to consult with us immediately. Certain criminal convictions can have serious consequences on your life.

What does it mean when they compare my behaviour to an 'ordinary person' ? See Stingel.

Please refer to specific legislation yourself through our Links to Criminal Law Legislation.

BE AWARE. Not only should you hire a good solicitor but you should also be a good client. That means you should inform yourself and actively participate in your defence. Ask questions and be honest and straightforward with your solicitor. Remember what you tell your solicitor is privileged. Our firm's philosophy is such that we work together as a team with our clients to obtain the best results. Consider some questions to ask us below.

It's about the evidence.

Since evidence demonstrates the truth of a matter, the way the evidence is adduced will affect the truth as we know it, or more importantly as the jury and Judge know it. That evidence must be scrutinised by skillful lawyers who can make a difference. Often witnesses do not come up to proof as per their statements. Often prosecutors are under-prepared or overly aggressive upsetting the Bench or jury. All these factors affect how facts are interpreted. The most important decision you can make is retaining the right criminal defence team and we offer our services in that respect.

What you do in the first 24 Hours can make all the difference. Seek an experienced and reputable criminal defence practitioner - we are well known and familiar in the profession and amongst the Courts. It is very important to retain your solicitor immediately. Time is not on your side. The sooner your solicitor gets involved on your side the better off you will be regardless of the charges you are facing.

Confidentiality is assured as client professional privilege applies (solicitor client legal privilege).

Please refer to the topic of your choice by scrolling down the criminal law index to your left.

Please note: be advised that we do not accept legally aided matters.

Here are some questions you should ask us:

What are the charges against me? And what are the consequences if I am found guilty? What are some sentencing alternatives?
What are some of my potential defences and how will they apply to the facts of my case? What is the defence strategy? Plea bargain - Motions - Trial
How many similar cases have you handled and what have been some of the outcomes?
What kind of evidence will prosecutors present against me and how will you obtain this evidence (Discovery)?
How much defence investigation will need to be done and at what cost? What can I do to help?
What is an expert witness and will I need one? How much will it cost?
What can I do right now to improve the outcome of my situation? Should I enrol in any classes? Should I obtain employment? Should I seek any medical attention?
What if any evidence can be excluded based on improper police conduct? Do the current search and seizure laws apply to my case?
How should I act in court, in front of witnesses, with probation officers, and prosecutors?
What can I discuss with my friends and family members? How should I deal with those issues?