“Complete defence” in law refers to a legal argument or strategy used by a defendant in a criminal case to negate or justify their actions. It is a defence that, if successfully proven, absolves the defendant of liability for the alleged offence. Some common types of complete defences include:
- Self-Defence: This defence argues that the defendant’s actions were justified because they were necessary to protect themselves or others from imminent harm or danger.
- Duress: This defence asserts that the defendant was compelled to commit the offence due to threats of death or serious bodily harm by another person.
- Necessity: This defence claims that the defendant committed the offence to prevent greater harm or evil, such as breaking a law to save someone’s life.
- Consent: This defence argues that the alleged victim consented to the actions that form the basis of the offence, such as certain physical contact or medical procedures.
- Alibi: This defence asserts that the defendant was not present at the scene of the crime when it occurred.
To be successful, a complete defence typically requires sufficient evidence and legal arguments to convince the court or jury that the defendant’s actions were justified under the circumstances. If the defence is accepted, the defendant may be acquitted or found not guilty of the charges.
A complete defence refers to a legal argument or evidence presented by the defendant that, if proven, would absolve them of any liability or wrongdoing in a case.
Some common examples of complete defences include self-defence, consent, alibi, statute of limitations, and immunity.
Self-defence is a complete defence that allows an individual to use reasonable force to protect themselves from imminent harm or danger. If successfully proven, it can absolve the defendant of any criminal liability.
Yes, consent can be used as a complete defence in certain cases. For example, in cases involving assault or battery, if the alleged victim consents to the act, it may absolve the defendant of any liability.
An alibi defence is when the defendant presents evidence or witnesses to prove that they were not present at the scene of the alleged crime during the time it occurred. If successfully proven, it can serve as a complete defence.
The statute of limitations sets a time limit within which legal action can be taken against an individual for a particular offence. If the time limit has expired, the defendant can raise the statute of limitations as a complete defence, preventing any legal action from being taken.
Immunity refers to a legal protection granted to individuals in certain circumstances, such as diplomatic immunity or immunity granted to witnesses in exchange for their testimony. If immunity is granted, it can serve as a complete defence against any legal action.
Yes, mental incapacity can be used as a complete defence in some cases. If the defendant can prove that they were not mentally capable of understanding the nature or consequences of their actions at the time of the alleged offence, it may absolve them of any liability.
Yes, a mistake of fact can be used as a complete defence in certain situations. If the defendant can prove that they genuinely and reasonably believed in a certain set of facts that, if true, would have made their actions legal, it may serve as a complete defence.
No, complete defences are not always successful. The success of a complete defence depends on the strength of the evidence and arguments presented, as well as the interpretation and judgement of the court or jury.
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: 13th April 2024.
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