Section 417A — Crimes Act 1900 (NSW)

(1) Any exception, exemption, proviso, excuse or qualification to the offence (whether or not it is in the same provision with a description of an offence in an Act or statutory rule or document creating the offence) need not be specified or negatived in an indictment or other process commencing proceedings.
(2) The exception, exemption, proviso, excuse or qualification may be proved by the accused person.
(3) If the exception, exemption, proviso, excuse or qualification is specified or negatived in the indictment, court attendance notice or other process commencing proceedings, the prosecutor is not required to prove it.

Related sections

• s 351A — Recruiting persons to engage in criminal activity
• s 351B — Aiders and abettors punishable as principals
• s 417 — Proof of lawful authority or excuse
• s 418 — Self-defence—when available
• s 419 — Self-defence—onus of proof
• s 420 — Self-defence—not available if death inflicted to protect property or trespass to property

Research how courts apply s 417A

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.