5. Justification and excuse including infancy

Question 1

Justified definition

Answer 1

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

Question 2

Defences for children S21 and s22 element

Answer 2

S21 children under 10
No person shall be convicted of an offence by reason of any act done or omitted by them when they are under the age of 10

S22 children between 10 and 14
No person shall be convicted of an offence by reason of any act done or omitted by him when of the age of 10 but under 14, UNLESS he knew either that the act or omission was wrong or that it was contrary to law

Question 3

Caselaw Clancy

Answer 3

The complaintants birth certificate was not produced however it was held that in that case evidence of the complainants date of birth given by her mother was sufficient to prove the girls age

Question 4

General rule for child offenders

Answer 4

Child offenders will be referred to the care and protection co ordinaries until they reach the age of 14 years

Question 5

Children ages 10-13 charged with murder or manslaughter

Children aged 14-16 years

Answer 5

Charges are filed in district court the first appearance takes place before the youth court and the case then automatically transfers to the high court for trial and sentencing

As above