Justification and Excuse (Defences) Flashcards
What is meant by “Justified”
“Justified” means that the person is not guilty of an offence and is not liable civilly.
What is meant by “Protected from criminal reslonsibility”
Means the person is not guilty of an offence but civil liability may still arise.
What are the rules around defences for children under 10 years old
Childre under 10 have an absolute defence to any charge brought against them.
S21(1) CA’61 - No person shall be conviced of an offences by reason of any act done or ommited by him when under the age of 10.
What are the rules for children between 10 and 13 (inclusive)
For children between 10 and 13 it must be shown that the child knew their act was wrong or contrary to law (in addition to mens rea and actus reas requierments). If this knowledge cannot be shown, the child cannot be criminally liable for the offence.
HTe onus is on the prosecution to establish this knowledge.
Who should you seek advice from in realtion to interviewing children and young persons?
District Youth Prosecutor
