A Quick Guide to the Defence of Sudden or Extraordinary Emergency.

Everyone knows that committing a crime is treated as serious because the society considers the event as morally wrong and therefore deserving of punishment.

However, there are certain events that happen as a response to an emergency, and which the law should, therefore, not punish.

Such instances include sudden or extraordinary emergency situations. The Criminal Code 2002 (ACT) provides that a person is not criminally liable for any acts or omissions done under circumstances deemed to be a sudden or extraordinary emergency.

If you’ve been charged and you want to know whether sudden or extraordinary emergency applies to your situation, here is a quick guide on the basics.

What is the defence of sudden and extraordinary emergency?

Section 41 of the Criminal Code 2002 states the following on the defence of sudden and extraordinary emergency:

1. A person is not criminally responsible for an offence if the person carries out the conduct required for the offence in response to circumstances of sudden or extraordinary emergency.
2. This section only applies if the person in question reasonably believes the following:
3. The circumstances of sudden or extraordinary emergency exist;
4. Committing the offence is the only reasonable way to deal with the emergency; and
5. The conduct is a reasonable response to the emergency.

How does it work?

Whether your conduct is a reasonable response to the sudden or extraordinary emergency will depend on whether your reaction to the circumstances was what could be expected of an ordinary person. A person can make a mistake when confronted with a circumstance of a sudden or extraordinary emergency, but this does not mean they have to be wiser or better than an ordinary person would have been in these circumstances. The Court assesses the accused person’s response in the situation as it appeared in the moment to the accused person.

When can the defence of sudden or extraordinary emergency be applicable?

The defence of sudden or extraordinary emergency can be applied to the following situations:

• Activism: The defence of sudden or extraordinary emergency has been used by activists in the UK that have been faced with criminal charges during protests on environmental issues. However, this has not been successfully used in Australia.
• Driving offences: Individuals charged with dangerous driving, speeding, or drunk driving may be able to raise the defence. Such examples include when they’ve committed the offences in a rush to get a person in a critical condition to a hospital.
• Trespass: Persons charged with trespassing and unlawful entry can use the defence if they were seeking refuge in the property from a grave threat.
• Murder: The defence can also be used in limited cases where the accused believes that the emergency involved a risk of death or really serious injury.
• Summary offences: The defence can also be used in the case of some minor offences, such as urinating in public.

Conclusion

The law recognises that emergencies happen which people need to respond to. If you have committed a crime but your conduct is a reasonable response to an emergency situation, you may have a defence.

Understanding the law is a never easy feat—while knowledge can go a long way, there’s nothing quite like the support of a specialist lawyer by your side.

If you’re looking for leading criminal lawyers in Canberra, the Andrew Byrnes Law Group is the place to call. We’ll help you through the toughest of cases, as proven by track record, experience and expertise!