Define: General Defence

General defence refers to a legal strategy or argument used by defendants in a court of law to counter or negate the allegations made against them in a lawsuit or criminal prosecution. General defences typically aim to challenge the plaintiff’s or prosecutor’s case by presenting evidence or legal arguments that undermine the claims or charges brought against the defendant. Common types of general defences include self-defence, alibi, mistake of fact, insanity, duress, necessity, statute of limitations, and consent, among others. These defences may vary depending on the nature of the case and the applicable legal standards and requirements. Successful invocation of a general defences may result in the dismissal of charges, acquittal, or reduction of liability for the defendant. However, the burden of proof typically rests with the defendant to establish the elements of the defence and demonstrate its applicability to the specific circumstances of the case.

If it is clear that the accused carried out the act charged, and with requisite Mens Rea, he may still not necessarily be culpable (see: Criminal culpability) because he has a defence. General defences are those which apply to all, or most, offences; some offences allow for a special defence as well. Examples of general defences include:

• Self-defence
• Protection of people or property
• Consent
• Duress

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: 29th March 2024.