Claim of right

You will have a claim of right defence where you possessed a genuine belief that you, or someone you were acting on behalf of, had a bona fide (good faith) claim of right to certain money or property. The claim must be to a specific amount of money or piece of property, and not just a broad undefined moral entitlement. The actions undertaken by the accused must be consistent with their belief to their legal entitlement to the money or property.

The offences that a claim of right defence applies to include, but is not limited to, Larceny, Break, enter and steal and Fraud.

If you provide sufficient evidence to support the defence of claim of right, the burden of proof rests on the prosecution to prove beyond a reasonable doubt that the claim of right defence does not apply.

LEGAL DEFENCES IN NSW

THINGS YOU NEED TO KNOW:

1. Claim of right defence against convictions of criminal offences are available in NSW.
2. Legal defences are used to justify the actions of an individual who has been accused or charged with a criminal offence.
3. Legal defences are sourced from common law, with some now incorporated into legislation.
4. Some legal defences apply to specific criminal offences, whilst other legal defences apply more broadly.
5. Criminal Lawyers Group are the leading criminal law firm in NSW for using legal defences to obtain not guilty verdicts and the withdrawal of charges for clients charged with criminal offences.

Criminal Lawyers Group specialise in strategic approaches through legal defences to successful defend you against your criminal charges.

Our Criminal Lawyers will always provide effective legal representation that evaluates case-specific circumstances, identifies applicable defences, and presents a compelling case in court. Through the exceptional knowledge of these defences, our award-winning criminal lawyers strive to secure the best outcomes for defendants, ensuring compelling defences against criminal charges under the NSW legal system.