Defend Your Property Rights with Claim of Right

Claim of Right is a defence to offences which contain elements of larceny including larceny, robbery, break and enter and other property related offences. The defence of claim of right is that you took the property because you genuinely believed you were legally entitled to it.

The principles relating to the defence of claim of right were set out in R v Fuge (2001) 123 A Crim R 310 at 314 – 315, which outlines the following principles:


  • You must hold the belief that you have a right to the property or money in the hands of another (this can include property or money from a company);
  • Your claim must be genuine but does not need to be based on fact or law;
  • The belief does not have to be reasonable but a ‘colourable pretence’ will not suffice;
  • You must believe that you were legally entitled to the property;
  • Where a claim of right is genuinely held, it can be a defence to a crimes of force which was committed to take the property e.g. assault. The relevant question is whether you had a genuine belief in the legal right to property rather than the legal right to a means of recovery;
  • The claim of right does not have to be over specific property or banknotes but can extend to cases where what is taken is their equivalent in value;
  • The claim of right must extend to the entirety of the property or money taken. You cannot take more property or money than you believe you own;
  • Where an offender is charged as an accessory, what is relevant is the existence of a bona fide (genuine) claim in the principal offender(s). There can be no accessorial liability unless there has in fact been a foundational knowing of the essential facts which made what done a crime, and unless the person charge as an accessory intentionally aided, abetted, counsellor or procured those acts.
  • The prosecution must negative a claim of right where it is sufficiently raised on the evidence, to the satisfaction of the jury.

If the police have charged you or a loved one, you must attend court. Appearing in court for a criminal charge is usually daunting. Let us help you make the process easier. Here are 10 reasons to choose our team of criminal lawyers from Lyons Law Group;


Result-focused criminal lawyers 


Our team will work to achieve the best result for you in the shortest time possible. However, we do aim to provide quality over quantity service to you. Our criminal lawyers appear in all criminal and traffic matters, including trials, sentencing, bail applications, and apprehended violence orders. We are a result-focused firm of lawyers.

At Lyons Law, we do not make any unrealistic promises for results. You will be advised on the most realistic results achievable in your case, including acquittals of all charges against you. Nevertheless, you can be sure that our team will work extremely hard to achieve the best possible outcome for you.


Proven Track Record


Our experienced defence lawyers are passionate about representing their clients and achieving the best outcome. Lyons Law is a team of solicitors who are dedicated, and with our support staff, you can be confident of the highest quality of legal representation. We have an exceptional track record of results. We provide our outstanding client service at an affordable rate for our clients.


Fixed Fees


We always let our clients know how much their cases will cost from the beginning. This makes it easier for them to decide whether or not they want to proceed with the case. Not only do we offer fixed fees for many types of criminal cases and services, but also free first phone consultations. In addition, our firm offers fixed fees applicable to a wide range of Local Court cases such as drink driving, fraud, drug possession, assault, and AVOs.


Free First Conference


For all of those individuals who are going to court, we offer a free first 15-minute phone conference with one of our senior criminal defence lawyer. It is best you email our office all your relevant documents before a conference so criminal lawyers can provide the best advice within that time frame.


Highly experienced criminal defence lawyer


Lyons Law Group is a highly experienced team of criminal lawyers. Our team is led by Mohammad Khan, who is one of the best criminal lawyers in Sydney. He has represented clients in some of Australia’s most high-profile cases and was under the direct tutelage of Australia’s leading criminal lawyer Adam Houda.


Moreover, our team has worked and successfully represented clients on highly complex trials and sentences in NSW.


Work closely with Australia’s leading criminal law barrister


We work closely with some of Australia’s leading criminal law barristers. Barristers are usually instructed in more serious matters, and their experience and input can be invaluable to your case. The barristers we regularly instruct range from Queen’s counsels, Senior counsels and highly experienced junior-senior counsels.


Specialist for District and Supreme Court trials


Our team of sydney criminal lawyers have worked on numerous District and Supreme Court trials in NSW. We have worked on extremely complex criminal law trials that require impeccable preparation and understanding of the law.


Specialist for bail applications in NSW


Lyons Law Group is a highly experienced team of bail lawyers. We have regularly obtained bail for clients for extremely serious charges that carry life sentences. For types of charges, bail is usually denied by a Court.


In house Experts


Our criminal lawyers have in-house investigators with decades of law enforcement experience and assist our team with process service, background checks, integrity testing, investigations, surveillance, and bug detection.


For the preparation of jury trials and defended hearings, these services can be utilised on behalf of our client to achieve the best result.


Appearance at all Courts in NSW


From Broken Hill to Waverly, our criminal lawyers appear in all courts throughout New South Wales.


If you wish to contact us or book your first free 15-minute phone conference, contact us on 0404479096 or send us an email at info@lyonslaw.com.au.

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