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There are now 2 comments... what are your thoughts?
  1. WJS says

    Surely showing that you didn’t actually commit a crime at all counts as a defense?

    • That’s a “defense” in the sense that it’s something the defense lawyer would bring up if criminal charge was brought, but as I understand it, a “defense” in this context means a legal argument that, even if you did commit all the elements of the crime, you still aren’t criminally liable.

      I think it’s a bit silly for Nathan to say that the authorities are WRONG though, simply because “defense” in the everyday sense of the word certainly encompasses whatever arguments a defense attorney might make, including (of course) “my client didn’t commit this crime and this is why”, and unless the authorities include it in some kind of list where the context is obvious, there’s no way to tell whether they mean “argument a defense attorney might make” or “legal defense to the crime”.

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