Defences (Justification and excuse)

Question 1

Justified

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

Protected from criminal responsibility

Answer 2

“Protected from criminal responsibility” means the person is not guilty of an offence but civil liability may still arise.

Question 3

Infancy

Answer 3

Sec.21 Crimes Act 1961
Children under 10
(1) No person shall be convicted of an offence by reason of any act done or omitted by him when under the age of 10 years.

Sec.22 Crimes Act 1961
Child between 10 and 14
(1) 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 years, unless he knew either that the act was wrong or contrary to law.

Question 4

Determining age

Answer 4

Sec.5 Age of Majority Act 1970
Attainment of particular age

For all the purposes 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 his birth.