Homicide Defences: Justification and Excuse Including Infancy

Question 1

Justified definition

Answer 1

I relation to nay person, justified means that the person is not guilty of an offence and not liable civilly

Question 2

Protected from criminal responsibility definition

Answer 2

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

Question 3

Infancy defence: children under 10

Answer 3

s21 CA

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

meaning a child under ten has an absolute defence to any charge brought against them

Question 4

Infancy defence: children between 10 and 14

Answer 4

s22 CA
No person shall be convicted of an offence by reason of any act done or omitted by him when of the age of ten but under the age of 14, unless he knew either that the act or omission was wrong or contrary to law

Question 5

Child aged 10 - 13: burden of proof

Answer 5

Must be shown the child knew the act was wrong or contrary to law

do not need to show understanding that is was seriously wrong

If knowledge cannot be shown, child cannot be criminally liable

onus is on prosecution

Question 6

Proof of age case law

Answer 6

R v Forrest and Forrest
The best possible evidence i the circumstances should be adduced by the prosecution in proof of the victims age