5. Justification and Excuse Including Infancy Flashcards
What is the general rule as to justification for section 20
Under section 20 all common law defences are retained so long as they are not inconsistent with the Crimes Act 1961 or any other enactment
What does justified mean?
Means a person is not guilty of an offence or liable civilly.
Protected from criminal responsibility?
A person is protected from criminal responsibility but may be liable civilly.
Infancy - what are the defences set out in sections 21 and 22?
Section 21 - No person shall be convicted of an offence by reason of any act done or omitted by him under the age of 10.
Section 22(1) doli incapax
No person shall be convicted of any offence by reason of any act done or omitted when age of 10 and under 14 UNLESS he or she knew that the act or omission was wrong or that it was contrary to law.
Determining age
Attainment of particular age is outlined in section 5 of the Age of Majority Act 1970.
For the purpose of the law of New Zealand the time at which a person attains a particular age expressed in years shall be the commencement of the relevant anniversary of the date of birth.
What do you have to do regardless if a child under 10 years has an absolute defence to any charge?
You would still need to prove whether he or she is guilty of the guilty even though they cannot be convicted.
What do you need to prove for a child between 10 and and 14?
Need to prove they knew what they did was wrong as in addition to the actus reu
Proving age - What case law supports this?
R v Forest and Forest
The best evidence possible in the circumstances should be adduced by prosecution in proof of the victim’s age.
Mother to give evidence however birth certificate is good but not essential if mother is giving evidence.
What is the process for a 10-13 year old that has been charged with murder or manslaughter?
Filed in District Court appear in Youth Court then transferred to High Court.
What is the process for a 14 to 16 year old that has been charged with murder or manslaughter?
Filed in District Court then first appear in Youth Court then transferred to High Court.
