THE ALIBI DEFENCE IN NSW
Among the oldest and well-known defences to have transcended civilisations, cultures and legal systems is the defence of alibi, which refers to the argument that an accused could not have committed a specific offence as they were at a location other than the scene of the alleged offence at the time the alleged offence was said to have occurred.
HISTORY OF THE TERM ‘ALIBI’
The term ‘alibi’ is a Latin word that is translated as ‘elsewhere’ or ‘somewhere else’. It has evolved to be used colloquially in English and other foreign languages both formally in the courtroom and informally in day-to-day life. Even in non-criminal and non-legal matters the term is used to defend oneself from accusations of moral or other wrongdoing.
THE DEFENCE OF ALIBI IN NSW LEGISLATION
Section 150(8) of the Criminal Procedure Act 1986 (NSW) (‘the CPA’) defines evidence in support of an alibi as “evidence tending to show that, by reason of the presence of the accused person at a particular place or in a particular area at a particular time, the accused person was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission.”
Whilst a successful use of the defence of alibi can secure an outcome in favour of the defendant, there are still strict processes and rules that govern the use of the defence and it is therefore important that you rely on the services of our expert criminal lawyers in arguing this defence.
The CPA states the rules and manner in which evidence in support of an alibi can be adduced by a defendant. It requires that a defendant, without the leave of the court, may not adduce evidence in support of an alibi unless he or she gives notice of particulars of the alibi to the Director of Public Prosecutions and files a copy of the notice with the court. The CPA imposes further requirements with respect to the defence of alibi.
If you have been accused of a criminal offence, contact our expert criminal lawyers at Criminal Lawyers Group to ensure that you receive the best possible legal representation from our specialised lawyers with proven results.
THE EFFECT OF ADVANCEMENTS IN TECHNOLOGY ON ALIBI DEFENCE
Historically, the defence of alibi was largely reliant on the testimony of witnesses who would testify as to the presence of the accused at a particular location and time. This is still the case, however, technological advancements over time mean that other methods can be used to prove or disprove an accused’s defence of alibi.
Cell phone data is nowadays regularly used to prove the location of an accused at a particular point in time. Whether the accused was in fact at the scene of the crime determines whether the cell phone data proves or disproves their defence of alibi.
Surveillance footage has also proved valuable in establishing the location of an accused at a particular point in time, thereby proving or disproving the defence of alibi or preventing any reliance on the defence of alibi from the outset.
Social media posts can have a similar effect on the defence of alibi as cell phone data and surveillance footage, notwithstanding the fact that social media posts may be considered as less reliable and conclusive than cell phone data and surveillance footage in proving or disproving the defence of alibi.
FORMER WILLIAM TYRELL PERSON OF INTEREST SUPPORTED BY ALIBI DEFENCE
Bill Spedding was wrongly targeted by Police and became the highest-profile person of interest in the police investigation into the 2014 disappearance of three-year-old William Tyrrell. He always maintained his innocence and told police that on the morning William disappeared he had a coffee with his wife at a local cafe and that he went to a primary school assembly to watch his grandchild receive an award.
Police took months to investigate Mr Spedding’s alibi. The alibi was confirmed at a coronial inquest by a parent who said he saw Mr Spedding at the assembly. Mr Spedding and his laywer have criticised the police’s narrow focus on him as coming at the expense of other more promising leads. Mr Spedding has also spoken out about the disastrous toll the ordeal has had on his life.
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If you have been accused or charged with a criminal offence, contact our expert criminal lawyers immediately so that we may secure the best outcome for you.