Explanation:
Full defence is an explanation provided by an individual who is facing accusations, such as a crime or a lawsuit, in order to justify why they should not be held accountable. It can take the form of an answer, denial, or plea. An affirmative defence occurs when the accused person presents evidence and arguments that, if proven true, would undermine the claims made by the accuser. There are various types of defences, including the insanity defence, self-defence, and the castle doctrine. A real defence is a specific type of defence that can be employed against anyone, even someone who possesses the rights of a holder in due course.
The term “full defence” is utilised in legal proceedings to describe a defendant’s justification for why the plaintiff or prosecutor’s case lacks validity. It encompasses a comprehensive and detailed response, denial, or plea presented by the defendant. For instance, if an individual is accused of robbery, their full defence might entail providing evidence that they were located 25 miles away from the premises at the time of the incident. This defence serves as a thorough and elaborate explanation as to why the plaintiff’s case is not legitimate. It should be noted that full defence differs from an affirmative defence, which involves the defendant asserting facts and arguments that, if proven true, would undermine the plaintiff’s or prosecution’s claim, even if all the allegations in the complaint are accurate. In summary, full defence is a technical plea rooted in common law that is expressed in a lengthy and unabbreviated manner. However, it has become obsolete due to the pleading requirements outlined in federal and state rules of civil procedure.
A full defence refers to a legal argument or strategy used by a defendant to completely absolve themselves of any liability or wrongdoing in a case. It aims to prove that the defendant is not responsible for the alleged offense.
Common types of full defences include self-defence, insanity, duress, necessity, consent, mistake of fact, and immunity.
Self-defence is a full defence that allows a person to use reasonable force to protect themselves from imminent harm or danger. If successfully proven, it can absolve the defendant of any criminal liability.
Generally, a person cannot claim self-defence if they were the initial aggressor. However, some jurisdictions recognize a “stand your ground” law, which allows individuals to use force in self-defence even if they initiated the confrontation.
The insanity defence is a full defence that asserts that the defendant should not be held criminally responsible for their actions due to a mental illness or defect. It requires proving that the defendant did not understand the nature or consequences of their actions.
No, the insanity defence is not applicable to all crimes. Some jurisdictions have specific criteria and limitations for its use, and certain offenses may not allow for an insanity defence.
Duress involves being forced or coerced into committing a crime under the threat of harm, while necessity involves committing a crime to prevent a greater harm or danger. Duress focuses on the actions of another person, while necessity focuses on the circumstances.
Consent can be a full defence in certain cases, such as in assault or battery charges, where the alleged victim willingly participated in the activity. However, consent may not be a valid defence in cases involving minors, incapacitated individuals, or certain prohibited activities.
The defence of mistake of fact asserts that the defendant made an honest and reasonable mistake about a certain fact, which led them to commit the alleged offense. If successfully proven, it can negate the required intent or knowledge element of the crime.
Yes, certain legal immunities can serve as full defences. For example, diplomatic immunity protects diplomats from prosecution in the host country, and qualified immunity shields government officials from personal liability for actions performed within their official capacity. However, the availability and scope of these immunities vary depending on the jurisdiction and circumstances.
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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