Defences - Justification and Excuse including infancy

Question 1

Definition - “Justified”

Answer 1

Person is not guilty of an offence and is not liable civilly

Question 2

Definition - “Protected from criminal liability”

Answer 2

Person is not guilty of an offence but civil liability may still arise

Question 3

Section 21(1) & 22(1) Crimes Act 1961

Answer 3

21(1) - No person shall be convicted of an offence when under the age of 10yrs (absolute defence)

22(1) - No person shall be convicted of an offence when of the age of 10 but under the age of 14, unless he knew either the act/omission was wrong or contrary to the law (onus on the prosecution to establish accused knowledge of act being wrong/unlawful)

Question 4

Prosecution - General rule for child offenders

Answer 4

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

Question 5

Prosecution -10-13yr old charged with murder/manslaughter

Answer 5

Dealt with under the youth justice provisions of OT Act 1989. First appearance at Youth Court, subsequent appearances at High Court

Children can be sentenced to imprisonment for murder/manslaughter (detained in an OT Youth Justice Residence)

Question 6

Prosecution -14 - 16yrs old charged with murder/manslaughter

Answer 6

Dealt with under the youth justice provisions of OT Act 1989. First appearance at Youth Court, subsequent appearances at High Court

Can be imprisoned for category 4 and 3 offences, for which the maximum penalty is life or 14yrs imprisonment (OT Youth Justice Residence)

Question 7

Option to prosecute for certain serious offences (s272(1), OT Act 1989)

Answer 7

Option for prosecution children aged 12 and 13yrs for certain serious offences.

Criteria:
- Offence is punishable by life imprisonment or 14yrs (other than murder/manslaughter) or,
- Previous offender for a serious offence where the offence is punishable by 10-14yrs imprisonment