Being charged with a crime should not be taken lightly. The commission
of an offence is punishable with penalties that include fines and
imprisonment. Criminal laws are complex and, if you are in Sydney, are
best left to a criminal lawyer Sydney based, one who possesses the
appropriate education and experience to defend you in court.
Defences in criminal law
Anyone charged with an offence is entitled to raise all possible legal
defences he may have in his favour to avoid or reduce penalties. Your
defence strategy includes hiring a criminal lawyer who has a good grasp
of the rules of criminal procedure and the defences available under the
criminal code.
Some of the defences against criminal responsibility include self
defence, insanity and the exercise of a lawful authority or order. Your
lawyer should be able to determine whether any of these defences exist
in your favour, when to invoke them, and how to establish these defences
in court.
Some principles of criminal law
While criminal laws in Australia are administered by individual
jurisdictions across the country, the same basic principles apply
regardless of where you have been charged. These principles include:
Presumption of Innocence
Anyone who is charged with the commission of an offence is considered
innocent until the prosecution is able to prove that he is guilty beyond
a reasonable doubt. The slightest doubt that the accused has committed
the offence charged will result in his acquittal or finding of "not
guilty."
Moreover, it is the prosecution's duty to present enough evidence before
the judge or jury to prove the guilt of the accused in what is known as
the burden of proof.
In some cases, when the lawyer of the accused feels that the evidence
presented by the prosecution is not strong enough to lead to a
conviction, he may choose not to present any evidence on behalf of his
client and let the judge or jury decide the case on the basis of the
prosecution's lack of evidence. No two cases are exactly alike and your
criminal lawyer should be able to devise a defence strategy after making
a careful assessment of the facts of your case
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