JUSTIFICATION AND EXCUSE Flashcards
What section of the Crimes Act are all the Common Law defences for homicide contained?
Section 20
Definition: Justified
Not criminally guilty or civilly liable
Definition:
“Protected from criminal responsibility”.
Not criminally guilty but may be liable civilly
S21
Under what age is a child shall a child not be convicted?
10
s23
What does this section say about children between the ages of 10-14?
If the child is 10 or under 14 he shall not be convicted, unless he knew the act was wrong or against the law
If a child is under 10, therefore has an absolute defence, is it necessary to establish their guilt?
Yes, you still have to establish whether or not they are guilty
For children between 10-13 years (incusive), what else must be proved besides Mens Rea and Actus reus?
That the child knew their act was wrong or contrary to the law.
In R v Rapira, What level of knowledge is evidential that the xhild knew the act was wrong or unlawful?
Any admissions made by the young person are inadmissible. E.g. “I robbed the house”.
What case law is used in relation to proof of age?
Forrest and Forrest:
The best evidence possible in the circumstances should be adduced by the prosecution in proof of age
General Rule
Who are cold offenders referred to and to what age?
Care and Protection Coordinator until age 14
What action can be taken for child offenders under 10 years old?
Have the child and family dealt with as a CARE AND PROTECTION matter.
Where do children 10-13 serve their sentences of imprisonment:
Either:
Youth Justice Residence, or
Care and Protection Resistance
For a child age 10+ years who commits murder or manslaughter, which Court(s) are the charges filed and heard:
DISTRICT youth Court - First Appearance
HIGH - Hearing and Sentencing
From whom should you seek advice in relation to questioning of children and young persons
District Youth Prosecutor
Best evidence of proof of age, what was held by R v Clancy as being best evidence as to date and place of birth:
(1) Person attending the birth
(2) Mother
(3) Birth Certificate - if available but not essential
