5. Justification and Excuse Including Infancy - Progress Test 4

Question 1

1. If a person is deemed to have been justified and not criminally liable for an offence, may they
   then be proceeded against in a civil action?

Must Know

Answer 1

1. In relation to any person, “justified” means that the person is not guilty of an offence and is
   not liable civilly.

Question 2

When interviewing 10 – 13-year-old children for the offence of murder, what must be shown in addition to the mens rea and actus reus requirements for the child to be held criminally liable for the offence?

Must Know

Answer 2

2. For children aged between 10 and 13 years inclusive, it must be shown that the child knew
   their act was wrong or contrary to law. If this knowledge cannot be shown, the child cannot
   be criminally liable for the offence

Question 3

What was held in the matter of R v Clancy in relation to the best evidence concerning proof
of age?

Must Know

Answer 3

3. “The best evidence as to the date and place of a child’s birth will normally be provided by a
   person attending at the birth or the child’s mother … Production of the birth certificate, if
   available, may have added to the evidence but was not essential.”

Question 4

From whom should you seek advice in relation to questioning of children and young
persons?

Must Know

Answer 4

4. Seek advice from your District Youth Prosecutor to ensure compliance with the CYPF Act,
   particularly in relation to questioning children and young persons.

Question 5

5. A 13-year-old charged with murder, having been the subject of a committal hearing in the
   Youth Court, will be remanded to appear next in which court to have the matter heard?

Must Know

Answer 5

5. 10 to 13-year-olds charged with murder or manslaughter are usually dealt with under the
   youth justice provisions of the CYPF Act, although charges of murder and manslaughter will
   be heard in the High Court following the committal process in the Youth Court.