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

Would highly recommend Steven to anyone. Since I gave the first call, I knew my case was in great hands.... read more

Orla Kenny Avatar
Orla Kenny
7/06/2020

Amazing service and lawyers. Steven was excellent with me throughout everything. Highly Recommended!

Amir Jodeh Avatar
Amir Jodeh
6/24/2020

Joseph Correy is an amazing criminal lawyer and went above and beyond in every way in my case. I had... read more

Bronwyn Brataniec Avatar
Bronwyn Brataniec
6/09/2020

Would like to give a big thanks to Joe Correy and AC Law Group for their quick response on my... read more

Jarred Tui Avatar
Jarred Tui
6/06/2020

These guys work hard for you. Pick up the phone when you need them. Best lawyers in Sydney.

Chantel Ravet Avatar
Chantel Ravet
6/02/2020

Hands down best criminal law firm in Sydney. Bail for murder twice in 2 months. What more can I say?

Trev Dee Avatar
Trev Dee
5/27/2020

Excellent legal support from AC Law Group. I would highly recommend Jo Correy for any legal support matters. He was... read more

taela grace Avatar
taela grace
5/26/2020

Would highly recommend this firm to anyone having legal issues. Joseph Corey especially was fantastic. Very attentive and professional service.

Celine Bugge Avatar
Celine Bugge
5/21/2020

Definitely recommend Steven. An absolute professional and motivated individual who delivers. Would highly recommend to anyone.

Andrew Huynh Avatar
Andrew Huynh
2/26/2020

l8 Joseph from AC Law Group Parramatta was absolutely amazing. He gathered all the information and invested a lot of time... read more

Belinda Adair Avatar
Belinda Adair
12/23/2019

Don’t wait.
Get in touch now.

CONTACT US