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Sydney NSW 2000
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Contact Armstrong Legal:
Sydney: (02) 9261 4555
Despite what the police might say, being charged by the Police with an offence does not mean that you will be found guilty of that offence. It is also true to say that Police are human and do make mistakes. In some domestic violence cases they may be bound to take action against someone even though they would prefer not to and in other cases they may be biased or act illegally.
There are many reasons why you may be found not guilty by the court, some of which include:
The law (Section 418 of the Crimes Act 1900) outlines when self defence is available to a person accused of an assault offence. The law states that a person carries out conduct in self-defence if and only if the person believes the conduct is necessary:
and the conduct is a reasonable response in the circumstances as he or she perceives them.An accused only needs to raise self defence as an issue in their case. The police then have to prove that you were not acting in self defence beyond a reasonable doubt.
The prosecution must show either:
The NSW Crimes Act sets out when a person who has been charged with a criminal offence upon a child can raise a defence of lawful correction. To rely on the defence you have to prove:
The force will not be reasonable if:
The defence of Intoxication only applies to offences of specific intent. The offence of Maliciously inflict grievous bodily harm with intent is a specific intent offence. The other more common types of assault (common, causing actual bodily harm, assault police) are not and the defence does not therefore apply.The court can take into account the degree of your intoxication when determining whether the police have proved that you had formed the intent to bring about a specific result.
Section 428C of the NSW Crimes Act states:
There are two common defences that almost all sexual assault charges are fought. They are:
An offender charged with sexual assault must know that the complainant is not consenting or they are reckless as to that consent. An offender is reckless where they have sexual intercourse not caring whether the complainant consents or not. Therefore, it is a defence to sexual assault where the offender believes that the complainant consents.