When it comes to fighting criminal charges which you are innocent of, it is essential to seek legal advice to put your best case forward. Over more than 30 years, Chua Tan Associates have helped numerous clients with having the police case dropped or having the Court find the defendant not guilty.
For certain areas of criminal offending, there is some physical element which proves the offending in and of itself. For example, drug offences have drugs which the police will seize to use as evidence. Similarly, traffic offences will involve motor vehicles which will be analysed for evidence. Likewise, defrauding Centrelink would involve the transfer of money to a person’s bank account. For these types of matters, it can be difficult to prove your innocence if the physical evidence outweighs your own.
However, for certain areas of criminal offending, there is some mental element which must be proved to find a person guilty of committing an offence. The most common examples involve some interaction between two or more people such as sexual assault, rape and common forms of assault. Other examples include theft or fraud offences. In these situations, it is a requirement that there be a lack of consent and/or actual knowledge of the offending. It therefore becomes an argument involving two competing versions of events which the Judge or Jury will make a decision on as to which one is not only more plausible but also believable beyond reasonable doubt, meeting the criminal standard of proof.
If you would like advice on your matter, book a consultation with our criminal law solicitors today.
When it comes to fighting criminal charges which you are innocent of, it is essential to seek legal advice to put your best case forward. Over more than 30 years, Chua Tan Associates have helped numerous clients with having the police case dropped or having the Court find the defendant not guilty.
For certain areas of criminal offending, there is some physical element which proves the offending in and of itself. For example, drug offences have drugs which the police will seize to use as evidence. Similarly, traffic offences will involve motor vehicles which will be analysed for evidence. Likewise, defrauding Centrelink would involve the transfer of money to a person’s bank account. For these types of matters, it can be difficult to prove your innocence if the physical evidence outweighs your own.
However, for certain areas of criminal offending, there is some mental element which must be proved to find a person guilty of committing an offence. The most common examples involve some interaction between two or more people such as sexual assault, rape and common forms of assault. Other examples include theft or fraud offences. In these situations, it is a requirement that there be a lack of consent and/or actual knowledge of the offending. It therefore becomes an argument involving two competing versions of events which the Judge or Jury will make a decision on as to which one is not only more plausible but also believable beyond reasonable doubt, meeting the criminal standard of proof.
If you would like advice on your matter, book a consultation with our criminal law solicitors today.
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