Justification and Excuse Flashcards
Define “Protected from criminal responsibility”
“Protected from criminal responsibility” means the person is not guilty of an offence but civil liability may still arise.
Define ‘justified’ in relation to any person:
“Justified” means that the person is not guilty of an offence and is not liable civilly.
Define Section 21(1) – Children Under 10
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.
Define Section 22 (1) - Children between 10 and 14
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 the age of 14 years, unless he knew that act or omission was wrong
What must you prove to charge a child between 10 and 13 years?
- Mens Rea
- Actus Reus
- That they knew the act was wrong
What was suggested in R v Clancy regarding proving age?
“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”
What is a way that a child who is under 10 can be dealt with when committing offences?
Have them dealt with as a Care and Protection matter.
What court deals with children 10-13 or 14-16 years charged with murder or manslaughter?
Charges are filed in the District Court, the first appearance takes place before the Youth Court and the cases then automatically transfers to the High Court for trial and sentencing.
Explain the option to prosecute for certain serious offences for children aged 12 and 13 years
Under Section 272(1) of the OT Act there is the option to prosecute where offence is punishable by 14 years to life or where the child is a previous offender (for serious offence) and the offence is punishable by 10 to 14 years imprisonment.
