There are certain situations whereby it was an actual impossibility that the accused could have committed the offence, and the impossibility defence argues this.

    Physically unable

If the accused is physically incapable of committing the offence due to a medical condition of physical limitation, the impossibility defence exists.

     But I wasn’t even there, Your Honour…

If you can prove you were elsewhere at the time of the alleged offending, and that it was impossible for you to have committed the crime, the charges can be dropped and the case dismissed. This could include travel to another country, city or state.

The alibi must be offered to the prosecution in advance so that they have a chance to make their own enquiries and verify the facts.

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