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Possible Defences for Assault Charges

If you’ve been charged with assault, you may be able to raise a defence for your case. When successful, defences can lead to a “not guilty” outcome. These are the four types of defences that can be raised for a charge relating to an assault. Self-Defence Self-defence is the most common defence to assault. This defence is provided for by s418 of the Crimes Act (NSW). Lawlink NSW states that the onus to prove that the accused was not acting in self-defence shifts to the prosecution once this defence has been raised. This means the prosecution needs to prove “beyond reasonable doubt” that the accused didn’t believe the act was in self-defence. The prosecution also needs to prove that the act wasn’t a reasonable act in response to some type of threat. Generally,... Read more

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