Criminal Defences

In criminal law, a defence is a legal argument or justification that is used to challenge the prosecution's case and attempt to mitigate or negate the defendant's guilt. The following are some of the most common criminal defences:

Self-defence: This defence applies when the defendant uses force to defend themselves against an imminent threat of harm or death. The defendant must show that his use of force was necessary and proportionate to the threat he was facing.

Insanity: This defence applies when the defendant was unable to understand the nature and consequences of his actions at the time of the offence due to a mental illness or defect. The defendant must provide evidence of his mental condition, and it is up to the court to determine whether he met the legal criteria for insanity.

Duress: This defence applies when the defendant was forced to commit the offence under threat of harm to himself or his loved ones. The defendant must show that he had no other reasonable option but to commit the offence.

Necessity: This defence applies when the defendant committed the offence to prevent a greater harm, such as breaking into a building to rescue someone trapped inside. The defendant must show that his actions were necessary to prevent the harm and that there was no other reasonable option available.

Mistake of fact: This defence applies when the defendant made an honest mistake about a fact that is essential to the offence, such as believing that he had permission to take someone else's property, which disproved the mens rea of committing the crime. The defendant must show that his mistake was reasonable and that he would not have committed the offence if he had known the true facts.

Intoxication: This defence applies when the defendant was so intoxicated that he was unable to form the intent necessary for the offence. This defence is only available in limited circumstances, such as when the intoxication was involuntary.

Entrapment: This defence applies when the defendant was induced or coerced by law enforcement officials to commit the offence. The defendant must show that he would not have committed the offence if not for the police involvement.

These are just a few of the many criminal defences that may be available to a defendant in a criminal case. The defence strategy will depend on the specific facts and circumstances of the case, as well as the applicable law in the jurisdiction where the offence occurred.