THE DEFENCE

Sydney Defenders employ various defence strategies to secure optimal outcomes for our clients. Some defences offer a complete exoneration, resulting in case dismissal. Other strategies constitute partial defences, potentially leading to a reduced sentence or a milder consequence than without our representation.

• Duress: Involves situations where the accused has been coerced into committing a criminal act due to threats. It must be established that the accused would not have acted in this manner under normal circumstances, but the threat was significant enough to compel them to commit the act to prevent harm such as death or grievous bodily harm.

• Necessity: Often confused with duress, necessity applies when a criminal act is committed to avert imminent danger posed by human or natural forces.

• Self-Defence: One of the most frequently used defences is self-defence, applicable when an individual commits a criminal act to protect themselves, their property, or another person from an unjust aggressor.

• Mental Health Application: This defence applies when it can be demonstrated that the accused had a significant mental impairment and did not comprehend that their actions were morally wrong. It must be shown that their actions resulted from a mental illness that impaired their understanding of the assault and it's consequences.