If you are charged with a criminal offence it doesn’t necessarily mean that you are guilty. When the matter gets to trial, the police or prosecution have to proof your guilt beyond any reasonable doubt. To defend yourself against the charges, The Criminal Code of Western Australia states several defences which you can establish.
If a defence is raised, it is on the prosecution to proof beyond any reasonable doubt, that the defence doesn’t apply in your case. Possible defences for a court case are:
- Honest Claim of Rights
- Mistake of Fact
Please note that the defences in this section are only the most common defences in Western Australia. For a better understanding and how these or other defences may apply to you, or if you would like us to defend you, please contact us.