Defences

Question 1

Justified

Answer 1

Justified means that the person is not guilty of an offence and is not liable civilly

Question 2

Burden of proof

Answer 2

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

Question 3

Children aged 10-13 years

Answer 3

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 4

Proof of age

Answer 4

“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 5

R v FORREST and FORREST – Victims age

Answer 5

“The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.”

Question 6

Prosecution - children under 10 years

Answer 6

When offences are being committed by children aged under 10 years and some action is desirable or necessary, consider having the child and family dealt with as a Care and Protection matter. Where this action is taken, the circumstances are reported to Oranga Tamariki for the attention of the Care and Protection Co-ordinator.

Question 7

Prosecution – children aged 10-13 years old charged with murder or manslaughter

Answer 7

Where a child aged 10-13 years is alleged to have committed murder or manslaughter (cat 4 offences) they are usually dealt with under the youth justice provisions of the Oranga Tamariki Act 1989. Charges are filed in the 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.

Question 8

Prosecution – young persons 14-16 years charged with murder or manslaughter

Answer 8

Where a young person is alleged to have committed murder or manslaughter (cat 4 offences) they are usually dealt with under the youth justice provisions of the Oranga Tamariki Act 1989. Charges are filed in the 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.