5. Justification and Excuse Including Infancy

Question 1

What is the definition of “justified” and provide two examples

Answer 1

Means that the person is not criminally or civilly liable for an offence

• homicide committed in self defence
• homicide committed to prevent suicide or commission of an offence likely to cause immediate and serious injury to persons or property

Question 2

What is the definition of “protected from criminal responsibility”

Answer 2

Means the person is not guilty of an offence but civil liability may still arise

Question 3

What is held around culpability for children under 10 years of age
s21

Answer 3

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

Question 4

What is held around culpability for children aged 10 but under 14 years of age
s22

Answer 4

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 5

R v Forret and Forrest

Answer 5

The best evidence possible in the circumstances must be adduced by the prosecution in proof of the victims age

Question 6

What is the general rule of prosecution for child offenders

Answer 6

All child offenders will be referred to the Care and Protection Coordinator until they reach the age of 14 years

Question 7

What are the prosecution steps for children 10-13yrs old who are charged with murder or manslaughter

Answer 7

Dealt with under the youth justice provisions of OT Act.

• charges are filed in District Court,
• first appearance occurs before the Youth Court
• case then transfers to the High Court for trial and sentencing

Question 8

What was held in R v Clancy

Answer 8

The best evidence to the date and place of a child’s birth will normally be provided by a person attending the birth or the child’s mother. Produce birth certificate, but not essential