A defence is raised by the accused and it must point to the evidence in either the Crown case or his own case so that it is open to the jury by inference, not just mere speculation to consider. Once a defence is raised by defence (with evidence), the burden falls to the Prosecution to disprove that defence. - Abuse of process - Autrefois Acquit/convict (previously tried, often relates to administrative areas) - Res Judicata (matter already judged, often relates to same conduct) - Denial of Natural Justice - Lack of Jurisdiction (e.g. judicial registrar; matter looks to be IOTS but its not IOTS and needs County) - **Question of Law:** ICI is not IOTS, must be heard in County Court. - **Question of Fact:** Theft is IOTS, but amount could cause uplifted to County Court. - A court without jurisdiction **cannot dismiss** they must **strike out**, because a court that doesn't have jurisdiction to hear the charge, they cannot dismiss it. - Fitness to Plead - Relates to their mental state at the **time of the proceeding**. - We must refuse summary jurisdiction as the Magistrates' Court doesn't have the jurisdiction to hear it. - It should therefore be uplifted. ## Abuse of Process - A preliminary defence which can be raised before hearing. - Charging someone for political purposes; e.g. other than a reason for justice. - When the process of the court is invoked for a purpose which it is not intended to serve. - Remedy is normally a **permanent stay** of proceedings. Can only be reversed by an appeal to Supreme Court. - Delay is considered an abuse of process. - Jago's 5 principles: - Underlying test is unfairness or prejudice to the accused that cannot be cured. - Delay alone is not enough. - Unfairness may result from attempt to use court as not intended. ## Natural Justice Everyone is entitled to justice as below: - A decision maker who is **not biased** - An opportunity to be **fully heard** - A decision of the court to be based on logically probative evidence # Substantive Defences s. 322I Crimes Act 1958: Accused bears the burden of proof that suggests reasonable possibility of the facts existing. - They don't need to adduce evidence, they just need to point out that the evidence *could exist*. - Mental Impairment - At the time of engaging in the conduct constituting the offence. - It must be that the accused did not know nature/quality and did not know conduct was wrong. - The Magistrate must *discharge* matter if this is made out. Should consider uplift re: county court. - Self-defence - Duress - Sudden or extraordinary emergency - Must reasonably believe that circumstances of sudden/extraordinary emergency exist; conduct is only reasonable way to deal with emergency; conduct is reasonable response to the emergency. - Intoxication - Not a defence on itself, 322T of Crimes Act provides can be used to inform reasonable of belief as it applies to self-defence, duress and sudden/extraordinary emergency. - if intox is voluntary; regard is had to a reasonable person *who is not intox* - If intox is involuntary; regard is then had to the a person who is to the same extent intox. - Mistake of Fact