We often get asked by our clients about how they can defend
themselves against the charges they are facing. A part of our job
is to check whether any defences are made out either under
legislation or the common law.
The defence of
sudden or extraordinary emergency is a defence that is open to
all accused charged with Victorian offences. It replaces what used
to be a defence available at common law called
'necessity'.
What is sudden or extraordinary emergency?
Sudden or extraordinary emergency is a defence to charges in
Victoria. It can be applied in cases of murder
however you need to show that the 'emergency' involves a
risk of death or really serious injury.
This defence is not commonly used and there are limited examples
of when it has been successfully argued, however it's important
to know that it exists and to consider it when thinking about how
you are going to defend your case.
