What is a criminal defence?

When a person is accused of a crime by the police, they will in New South Wales be given a CAN (Court Attendance Notice) and a date for when to appear at court. At this first hearing of the matter, the person is asked how do you plead? They can choose to either plead guilty or not guilty to the charges which have been made against them by the police. If the person pleads guilty, they are then sentenced by the judge or magistrate. If the person pleads not guilty, they must mount a defense against the charges which have been made out against them. A good police prosecutor will not usually attempt to lay a charge when it is questionable if the matter will be successful in the court based on the evidence. It is also essential that the victim remain adamant that they want the offender to be prosecuted because often the victim is a key witness in the case. Although some cases can still be prosecuted without the victim wanting it to go ahead because it is considered that there is a need for the community to prevent behavior which is the subject of a criminal charge.

When a defence needs to be made out, the defendant needs to identify what witnesses can be called in relation to the matter. They then need to examine the witnesses and have their evidence entered as evidence in the court. The police will also have the witnesses which they wish to call in relation to the matter and the defence lawyer or the self represented litigant will need to cross examine these witnesses and ensure that the evidence of the witnesses is not prejudicial to their case. If you need assistance with preparing a criminal defence, please do not hesitate to contact us.