Justification And Excuse Including Incanfy

Question 1

Define justified

Answer 1

In relation to any person
Justified means that the person is not guilty of an offence and is not liable civilly

Question 2

What was held on R v Forrester and Forrester

Answer 2

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age

Question 3

What is the defence for a child under 10 - S21

Answer 3

A person under the age of 10 cannot be convicted of an offence (they have an absolute defence)

Question 4

What is the defence for children between the ages of 10-14
s22

Answer 4

A person over 10 and under the age of 14 cannot be convicted unless he knew either
- the act was wrong
- that it was contrary to law
- if this knowledge cannot be shown the child cannot be criminally liable

Question 5

What is the court procedure for cyp charged with murder or manslaughter

Answer 5

• charges are first filed in the district court
• first appearance will be youth court
• case will automatically transfer to the high court for trial and sentencing