Factual Dispute: a defence to a criminal charge

If you are charged with an offence, the police need to prove each element of that charge for you to be found guilty. A defence of 'factual dispute' arises where you dispute the facts that police are saying underpin the elements of the charge.

All elements of a charge must be proven beyond reasonable doubt

Take for example the charge of Threat to Kill (s20 Crimes Act 1958 (Vic)). The elements that the Prosecution need to prove are:

1. The accused made a threat to the complainant to kill either the complainant or another person; and
2. The accused either:
   1. intended the complainant to fear that the threat would be carried out; or
   2. was reckless as to whether or not the complainant would fear that the threat would be carried out; and