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      Best Necessity Defence Lawyers

      Our lawyers appear in Courts throughout Australia every day. We have won many a case based on arguing defences such as necessity.

      We have an accredited specialist in criminal law who can quickly analyse your case and begin preparing your necessity defence.

      Contact us now for a consultation with a senior criminal lawyer.

      What is a Necessity Defence?

      Necessity is a legal defence to a criminal charge.

      If you commit a crime to escape an immediate threat, then you can argue that your actions were necessary, and you may be found ‘not guilty’.

      This is different to duress which is where you were forced to commit a crime, although there can be some overlap (R v Loughnan [1981] VR 443 [448]).

      How Do You Prove a Necessity Defence?

      In order to successfully prove a necessity defence, you must satisfy the three-stage test:

      1. You acted to ‘avoid consequences of irreparable evil’ (ie. death or serious harm to yourself or another person);
      2. You held a genuine belief that you were in imminent danger; and
      3. your actions were proportionate to that danger.

      Once you have raised necessity, the prosecution must prove beyond reasonable doubt that one (or more) of the above points has not been established.

      Necessity Defence for Driving Offences?

      A common situation we see is when a client is driving illegally (eg. Driving while disqualified or drink driving) to get away from a threat or assault.

      While they may have held a genuine belief that they were in imminent danger, and they drove to escape serious harm, their actions are often not proportionate to that danger.

      This is because once they are safely away from the danger and/or do not stop driving once the threat, they do not stop driving and they make no attempt to contact Police.

      Because of this, it is likely that the Court will find that your actions were not proportionate to the danger you faced.

      Necessity is rarely successful. This is because there are onerous rules which must be satisfied in order for it to be made out. If you have been charged with a criminal offence and believe that your actions were necessary, contact us immediately to speak to Australia’s best criminal lawyers.

      Ask a question now!