Furstenberg Law

As criminal defence lawyers, it it our priority to provide our clients specialised and personalised representation before the courts. There are various criminal defences that may be used to fight criminal charges. Depending on the circumstances surrounding an alleged offending, a lawyer can evaluate your case and identify just the right defences that can be used in order to achieve the best outcome in court.

Charges are Statute Barred

The accused may raise the defence of charges being statute barred if the accused was charged already after a certain time limit. Depending on the statute or law for a specific offence, it’s possible that charging an accused for a certain offence may no more be allowed if a certain period has already passed. This is especially important in order to protect an accused against faulty or unreliable evidence (ex. lost evidence, faded memories, etc.). For many summary offences, the time limit is usually 1 year. These limits often vary depending on how serious a particular offence is.

Claim of Right

Claim of right is a defence governed by section 9.5 of the Criminal Code Act 1995. It may be raised with regards to property offences where the accused believed that they had a legal right to the property. The accused must have had an honest belief that they were legally entitled, and therefore were only exercising their proprietary or possessory right (although this belief was mistaken). It is crucial for the belief to have been honestly held regardless of whether it was reasonable or not. Note that the right in question must be a legal right and not just a moral right.