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ARTICLE · 20 SEPTEMBER 2023

Material facts: Why do criminal lawyers use some facts but not others?

A 'material fact' is any fact that can be used to prove or disprove an element of a criminal offence at trial.

AustraliaLitigation, Mediation & Arbitration

Criminal offences require proof by the prosecution that a set of essential elements (or ingredients) exist.

There are also several legal defences that may be available to those accused of crimes.

Understanding the requirements of proof and identifying relevant defences is part of the job of a specialist criminal defence lawyers.

A comprehensive knowledge of these laws will inform the formulation and execution of a defence strategy in any given case.

So, what does all this mean?

One of the things it means is that lawyers and clients may have different understandings of what is relevant to a criminal defence; in other words, whereas an experienced lawyer will prioritise certain factual material as highly relevant in the context of the case, a client may feel other information should be emphasised.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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