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Our lawyers have successfully used the ‘claim of right’ defence throughout the years to have many a client found ‘not guilty’.
This defence applies if you are accused of taking property (including money), so it is important that an accredited specialist criminal lawyer advises you on whether it is available in your case.
If you believe that this defence may apply to you, contact us immediately to speak to our friendly team.
What is a claim of right defence?
A claim of right defence applies if you took property (including money) because you held an honest belief that you were legally entitled to it.
This defence is often used in stealing and fraud cases but can also be a defence to an assault charge if the assault was committed to obtain property.
When can you use a claim of right defence?
A claim of right defence can be used for a number of offences including:
There are numerous other offences to which this defence applies. Contact us now to speak to our team about whether this defence can work for you.
The leading case on R v Fuge (2001) 123 A Crim R 310 at 314–315 sets out the criteria for a claim of right defence to be made out:
Claim of right defences are quite technical and take significant preparation. There will need to be significant preparation undertaken to ensure that the defence is successful, and all of the criteria are met.
That is why you should contact us now to speak to Australia’s best criminal defence lawyers.
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