What is an Alibi Defence?

An alibi defence is where evidence is called to show that the accused could not have committed the alleged offence because at the time the offence was being committed, the accused was somewhere else.

The test

The Crown must be established beyond reasonable doubt that the accused was at the scene of the crime at the relevant time. This means that the Crown must eliminate any reasonable possibility that the accused was somewhere else. If the Crown fails to eliminate any reasonable possibility, the alibi defence would be made out, and the accused should be acquitted.

The onus of proof

When an accused person puts forward an alibi, the burden of proving the accused’s guilt continues to rest on the Crown. This means that the Crown must disprove the alibi.