29 Jan What Are The Types of Defences Available in Qld?

When facing criminal charges in Queensland, understanding the types of defences available can be crucial to protecting your rights and securing the best possible outcome. At FEDOROV Family Lawyers, we are committed to providing our clients with the knowledge and legal support they need during these challenging times.

In this article, we will explore the various defences available under Queensland law, shedding light on how each can be strategically used to address the unique circumstances of your case. Whether you’re dealing with charges of self-defence, duress, or necessity, knowing your legal options is the first step toward ensuring a fair trial and safeguarding your future.

First and foremost, the best defence is persuading the jury or court that the prosecution has not proven the essential elements of the offence to the requisite standard of proof. For example, the prosecution might have difficulty establishing the offender’s identity beyond reasonable doubt or proving the offender had the necessary intent to commit the offence.

Secondly, there are specific defences that could be enlivened, depending upon the unique factual circumstances of the offending conduct.

1. Self-defence: This is a common defence to assault offences. In order to establish self-defence, it must be proven that the offender believed their conduct was necessary to defend themselves, their property, or another person, and that their actions were reasonable in the circumstances as he or she perceived them.
2. Provocation: This defence arises when the victim has acted in some way to provoke the offender, such that it deprived the offender of self-control and resulted in immediate actions before the offender had time to settle. Importantly, the amount of force used must have been proportionate to the provocation.
3. Emergency: If the offending conduct is in response to a sudden and extraordinary emergency, and an ordinary person in the offender’s position would have acted similarly, this defence is established.
4. Compulsion: This defence is otherwise known as duress and arises in circumstances where an offender acts to save themselves, another person, or property from serious harm or detriment threatened by a third person. The conduct must be proportionate to the threat.
5. Unwilled Acts: This defence is also known as ‘automatism’ and applies in situations where the offending conduct occurs independently of the offender’s will or by accident.
6. Necessity: This defence is established in circumstances where the offender’s conduct is the necessary and proportionate response to an imminent threat to themselves or another. In determining whether a person has a reasonable belief that their actions were necessary, the court will have regard to whether an ordinary person in the same situation would act similarly.
7. Intoxication: If an offender’s offending conduct is the result of a disordered mind by way of intoxication or stupefaction, they will not be criminally responsible for their actions. However, this defence does not arise in circumstances where the offender contributed in any way to the intoxication or stupefaction.
8. Insanity: An offender is not deemed criminally responsible for their actions if at the time they were affected by a mental disease or infirmity that meant they could not control their actions, could not understand what they were doing, or could not understand that they ought not to do the act.
9. Lawful Correction: This defence may be applicable if the assault involves the child of the offender or a person acting in their stead (such as a teacher), and the use of force was reasonable for the purposes of discipline or control of the child.

Navigating the complexities of criminal law in Queensland requires a deep understanding of the available defences and how they can be applied to your case. At FEDOROV Family Lawyers, our experienced team is dedicated to providing you with the guidance and representation you need to confidently face any legal challenge.

If you or a loved one is dealing with criminal charges, don’t leave your defence to chance. Contact us today to schedule a consultation and learn how we can help protect your rights and fight for the best possible outcome. Your future deserves nothing less.