A collateral defence is presented by a defendant in court to demonstrate that the plaintiff or prosecutor lacks a valid case. This type of defence does not directly dispute the allegations made by the prosecutor, but instead offers a justification or excuse for the defendant’s actions. Examples of collateral defences include the defence of habitation and the choice-of-evils defence. The responsibility of proving a collateral defence rests with the defendant.
Collateral defence is a form of defence employed in criminal law that does not directly dispute the prosecutor’s accusations. Instead, it serves as a justification or excuse that is separate from the elements the prosecutor must establish. For instance, a defendant may argue that they committed a crime in self-defence, which is considered a collateral defence because it does not contest the fact that they committed the crime, but rather provides a justification for it. Other examples of collateral defences include the defence of habitation, which justifies the use of force to protect one’s home, and the choice-of-evils defence, which asserts that the defendant committed a crime to prevent a greater harm. Collateral defences differ from affirmative defences, which are claims of facts and arguments that, if proven true, would defeat the plaintiff’s or prosecution’s claim, even if all the allegations in the complaint are true. The burden of proof lies with the defendant to establish an affirmative defence. In summary, collateral defences are utilised to justify or excuse a defendant’s actions, rather than directly challenge the prosecutor’s allegations.
Collateral defence refers to a legal strategy used by defendants to challenge the admissibility or credibility of evidence presented against them in a criminal case.
Through collateral defence, defendants can challenge various types of evidence, including witness testimony, physical evidence, expert opinions, and documentary evidence.
Defendants can challenge witness testimony by questioning the witness’s credibility, pointing out inconsistencies in their statements, or presenting evidence that contradicts their testimony.
Yes, defendants can challenge physical evidence by questioning its authenticity, chain of custody, or by presenting evidence that suggests the evidence was tampered with or mishandled.
Yes, defendants can challenge expert opinions by questioning the expert’s qualifications, methodology, or by presenting alternative expert opinions that contradict the original opinion.
The purpose of collateral defence is to ensure a fair trial by allowing defendants to challenge the reliability and credibility of evidence presented against them.
In some cases, successful collateral defence can lead to the dismissal of charges if the evidence challenged is crucial to the prosecution’s case and its exclusion weakens or undermines the case significantly.
Yes, collateral defence can be used in civil cases to challenge the admissibility or credibility of evidence presented by the opposing party.
No, collateral defence is different from a direct defence. While direct defence focuses on proving the defendant’s innocence, collateral defence focuses on challenging the evidence presented against the defendant.
It is highly recommended for defendants to have legal representation when using collateral defence to ensure they have a thorough understanding of the legal process and can effectively challenge the evidence presented against them.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 27th April 2024.
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