If your response to a criminal allegation against you is
'but that's impossible!', you may be able to raise the
defence of impossibility to either have your charge(s) withdrawn or be found not
guilty.
Fact finders in cases - either a Magistrate, judge or jury -
apply logic to their decision making, and if your defence makes it
plain that the crime alleged is impossible, you should be found not
guilty.
There are different categories of impossibility when it comes to
the defence: factual, physical and legal.
1. Factually impossible
This defence is open to someone who can disprove an allegation
by successfully introducing facts into the case that are
inconsistent with those in the allegations. A classic example is
raising an alibi - how could I have broken into my neighbour's
house in January 2021 when I was in Queensland the entire month
with my family, who can vouch for me and I have a flight records
and a bunch of photos to prove it. Running an alibi defence
