Defences Flashcards

1
Q

What does justified mean

A

Means that the person is guilty of the offence and not liable civilly

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2
Q

What does protected from criminal responsibility mean

A

Means the person is not guilty of an offence but maybe responsible civilly.

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3
Q

What defence does a child under the age of 10 have

A

Has an “absolute defence” meaning that a child under 10 can not be convicted of any offence.

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4
Q

Can a child between the age of 10 and 13 years be convicted.

A

For a child between these ages the prosecution must prove that the child knew that their act was wrong or contrary to law. If this cannot be proved then they cannot be convicted.

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5
Q

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.

A

No, if a person actions have been justified then they are not criminally liable and they can not be persued civilly.

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6
Q

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

A

The prosecution must show that the child between these ages knew that their actions were wrong or were contrary to law. If this can not be proved then then they can not be held criminally liable.

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7
Q

What was held in R v Clancey in relation to the best evidence concerning proof of age.

A

The best evidence as to the date and place of the childs birth will geneerally be the people present at the birth of the childs mother. A birth certificate can be adduced as evidence but not essential.

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8
Q

from who should you seek advise in relation to questioning of CYPs.

A

Seek advise from the district youth prosecutor to ensure complicance with OT Act 1989. particulary with questioning CYPs

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9
Q

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 top hav the matter heard?

A

Usually heard in the high court following the youth committial hearing.

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10
Q

R v forest and forest

A

The best evidence possible should be adduced in prosecution in proof f the victims age.

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