Legal Criminal Defences

Self-defence is a legal defence that can be raised in various criminal cases where a person has used force to protect themselves, property, or another person.

We outline what the law of provocation is, in what circumstances it will act as a complete defence for assault and when it will act as a partial defence for murder.

We outline the elements of the defence of 'Mistake of Fact', situations in which it is commonly raised & proposed changes to how the defence applies in WA.

The defence of Accident argues that a person shouldn't be criminally liable for unintended and unforeseeable consequences of their actions.

We outline the legal criminal defence of automatism, the distinction between sane and insane automatism, and limitations in raising this defence.

When could intoxication constitute a legal defence? Learn the distinction between voluntary & involuntary intoxication and limitations in raising this defence.

A factual dispute under WA criminal law involves the defence denying key facts or elements of an alleged offence.

The defence of consent is frequently a central issue in relation to sexual offence cases where the absence of consent is a key element of the charge.

The common law defence of necessity applies where natural or human threats induce a person to break the law to avoid even more dire consequences.