5. Justification and Excuse Including Infancy - Prosecution

Question 1

What can be considered when offences are committed by children under 10?

Answer 1

Consider having the child and family dealt with as a Care and Protection matter

Question 2

How are children aged between 10 and 13 years old and young persons aged between 14 and16 years old who commit murder and manslaughter dealt with?

Answer 2

they are usually dealt with under the youth justice provisions of the Oranga Tamariki Act 1989.

Question 3

What is a potential outcome of child being found guilty of murder or manslaughter?

Answer 3

Children can be sentenced to imprisonment for murder or manslaughter and be detained in a Child, Youth and Family Youth Justice Residence under the
custody of the Chief Executive of the Ministry of Social Development.

Question 4

Where a young person is found guilty murder or manslaughter what is the outcome?

Answer 4

Young persons can be imprisoned for murder, manslaughter, category 4
offences and category 3 offences for which the maximum penalty available is or includes imprisonment for life or for at least 14 years.

Question 5

There is an option to prosecute for certain serious offences. Outline the criteria?

Answer 5

These are in circumstances where the offence is punishable by 14 years to life imprisonment (other than murder or manslaughter) or where the
child is 12 or 13 years, is a previous offender (for a serious offence) and the offence is punishable by 10 years to 14 years imprisonment.