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Necessity is a complete defence to all criminal charges. Necessity is a complicated area of the law and difficult defence to raise. If you intend to rely on the defence of necessity, our criminal lawyers can advise you on the intricacies of the defence to give you the best chance of raising it successfully. 

What is necessity?

Necessity operates where circumstances (natural or human threats) bear upon you to such an extent that they induce you to break the law, as the consequences of not doing so would be even more dire.

What is the legal test for necessity?

You will be able to rely on the defence of necessity where:

  1. The criminal act performed by you was done in order to avoid certain consequences which would have inflicted irreparable evil upon you or upon others who you are bound to protect.
  2. You honestly believed on reasonable grounds that you were placed in a situation of imminent peril; and
  3. Your acts to avoid the imminent peril must not be out of proportion to the peril to be avoided.

Reasonable doubt

You bear the evidentiary onus of establishing a basis for a defence of necessity and, thereafter, the police bear the onus of negativing the defence beyond reasonable doubt.

Testimonials

Joe Correy and his team were amazing. They guided us through one of the most difficult times of our lives... Read the review here

Rebecca Molloy
7/29/2021

Steven Mercael customised my defence to suit my unique situation and who I am as a person. His communication... Read the review here

Soleil Harper
7/19/2021

“The matter has been withdrawn and dismissed”.Joseph acted swiftly and with precision, a true professional and pleasure to deal with.Highly recommended.

Mitchell Curtis
7/09/2021

Great lawyer. Very professional, well spoken, great at checking up on me. I had a wonderful experience working with Joeseph

Luka Marjanovic
7/02/2021

We search for several lawyers and found Joseph Hab of AC Lawgroup to be the best fit for us. He... Read the review here

Elsa A
7/02/2021

A great result for my sons complex case which was handled by Steven Mercael. Steven went above and beyond. He... Read the review here

Charlotte Kayyal
7/02/2021

After visiting 5 lawyers I have decided to hand over my matter to Joe. He is well organised and helped... Read the review here

Irangana Dissanayake
7/02/2021

I want to thank the folks at AC Law Group, especially Steven. Absolute legend in helping being detailed, and keeping... Read the review here

Tommy Nguyen
7/02/2021

Thank you to Joseph for the outstanding work he did on my case. Joseph achieved the best outcome possible.... Read the review here

Warren L
6/28/2021

Just love Joe corey he is confident honest understanding he is good with his job the best of the best... Read the review here

Hassan Ibrahim
6/25/2021

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