What is the Defence of Necessity in ACT Criminal Law?

There are situations where the court more readily recognises the defence of necessity. For instance, a person might try to argue against a speeding charge if they were attempting to bring a seriously injured person to a hospital. Another situation where this could apply is when a person breaks a window to get an infant out of a burning building.



Short of a life-threatening situation though, courts might not accept this as a justification. You could not claim defence of necessity if you were avoiding a mild inconvenience. For example, if a person charged with public urination claims he did it because there was no public toilet nearby, or if a person accused of speeding did so to get to work on time, they will not likely succeed in using this defence.

This defence exists for cases where disobedience to the law is the only viable option for the person involved, limiting its use to rare and extreme situations. People cannot choose for themselves what rules to obey and apply to the general public a value system inconsistent with legal implications. A Canberra criminal lawyer can help with identifying situations where this defence applies.

In criminal court proceedings, it is the duty of the accused to call evidence that raises this defence. Once this evidence from the accused is led, it is on the Prosecution to negate the defendant’s argument beyond a reasonable doubt.

 To succeed, the criminal lawyer must show proof that the incident causing the accused to act in a criminal way was sudden and that it was an extraordinary emergency which required breaking of the law to deal with this situation. Also, they must show that the only reasonable way to address the situation was through committing the offence. Finally, they must show that their client’s conduct was an appropriate response given the circumstances.

In the ACT courts, arguing the defence of necessity is a way to meet cases where disobedience to the law was necessary and reasonable in the circumstances. The foundation of an orderly society is the adherence to rules, so people’s value systems must not be inconsistent with the law as the law is designed to reflect people’s morality. This defence allows for maintaining order and justice, even when considering the exceptions to the rule.

For more legal advice on all aspects of ACT law, get in touch with Andrew Byrnes Law Group today. We are Canberra criminal lawyers committed to the best outcomes for our clients. Get in touch with us for a free consultation today!