5. Justification and Excuse Including Infancy - Summary

Question 1

Point 1

Answer 1

• In certain circumstances people who appear to have committed an offence are not able to be held civilly or criminally liable. In these cases, a person may offer justification or excuse as their defence.

Question 2

Point 2

Answer 2

• Justified means that the person is not guilty of an offence and is not liable civilly.

Question 3

Point 3

Answer 3

• “Protected from criminal responsibility” means the person is not guilty of an offence but civil liability may still arise.

Question 4

Point 4

Answer 4

• A child aged under 10 years has an absolute defence to any charge brought against them. Nevertheless, even though the child cannot be convicted, you still have to establish whether or not they are guilty

Question 5

Point 5

Answer 5

• Regarding proof of age, the prosecution is required to produce evidence of age (for example, a birth certificate) and provide evidence that identifies the defendant as the person named in the certificate. The relevant age is that of the child at the time they committed the offence, not their age when they appear in court.

Question 6

Point 6

Answer 6

• 10 to 13-year-olds charged with murder or manslaughter are usually dealt with under the youth justice provisions of the Oranga Tamariki Act 1989 However, charges of murder and manslaughter will be heard in the High Court following the first appearance in the Court in which the charging document was filed.

Question 7

Point 7

Answer 7

• Young persons over 14 years of age are usually dealt with under the youth justice provisions of the Oranga Tamariki Act 1989. However, charges of murder and manslaughter will be heard in the High Court following the first appearance in the Court in which the charging document was filed.