This is where it is argued that the Accused could not have committed the offending.
There are 2 ways this defence can be used:
1. That the Accused could not have committed the offence/s due to his or her physical abilities. For example if the Accused has a medical condition or physical disability that renders them unable to commit the alleged act.
2. That the Accused could not have committed the offence/s because he or she was not present at the time of the offending. An example of this is if the Accused is charged with committing a burglary on a particular date, but they can produce travel documents proving that they were not in the city/state at that time.
This ties in with the use of an alibi. If an Accused seeks to use an alibi at trial, they must notify the Prosecution in writing well in advance and outline the circumstances of the alibi so that the Prosecution can make their own enquiries.