Justification and Excuse including infancy Flashcards
General rule as to justification: s20
Under s20 of Crimes Act 1961 all the common law defences are retained, so long as they are not inconsistent with the Crimes Act 1961 or any other enactment.
Justified definition
In relation to any person, “justified” means that the person is not guilty of an offence and is not liable civilly.
Protected from criminal responsibility definition
“Protected from criminal responsibility” means the person is not guilty of an offence but civil liability may still arise.
What is the defence for a child under 10?
21 Children under 10
(1) 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.
What is the defence for a child under 10?
21 Children under 10
(1) 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.
What is the defence for Children between 10 and 14
22 Children between 10 and 14
(1) 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 either that the act or omission was wrong or that it was contrary to law.
How is age determined?
In deciding the correct age of a child or young person, refer to s5 of the Age of Majority Act 1970.
5 Attainment of particular age
For all the purposes of the law of New Zealand the time at which a person attains a particular age expressed in years shall be the commencement of the relevant anniversary of the date of his birth
What is the burden of proof for a child under 10?
A child aged under 10 years has an absolute defence to any charge brought against them. Nevertheless, even though the child cannot be convicted, you still have to establish whether or not they are guilty.
What is the Burden of proof for Children aged 10-13 years
For children aged between 10 and 13 years inclusive, it must be shown that the child knew their act was wrong or contrary to law. This test of knowledge is in addition to the mens rea and actus reus requirements. If this knowledge cannot be shown, the child cannot be criminally liable for the offence.
The Court in R v Brooks19 said the onus is on the prosecution to establish that the accused knew that the act or omission was wrong or that it was contrary to law.
What is required for proof of age?
The prosecution is required to produce evidence of age (for example, a birth certificate) and provide evidence that identifies the defendant as the person named in the certificate. The relevant age is that of the child at the time they committed the offence, not their age when they appear in court.
What is the best thing to do for youth offenders?
Seek advice from your District Youth Prosecutor to ensure compliance with the Oranga Tamariki Act 1989, particularly in relation to questioning children and young persons.
As a general rule, all child offenders will be referred to the Care and Protection Co-ordinator until they reach the age of 14 years.
What action can be taken against a child under 10 years of age?
When offences are being committed by children aged under 10 years and some action is desirable or necessary, consider having the child and family dealt with as a Care and Protection matter. Where this action is taken, the circumstances are reported to Oranga Tamariki for the attention of the Care and Protection Co-ordinator.
What happens when Children aged 10-13 years old are charged with murder or manslaughter
Where a child aged 10 to 13-years old is alleged to have committed murder or manslaughter (category 4 offences) they are usually dealt with under the youth justice provisions of the Oranga Tamariki Act 1989. Charges are filed in the District Court, the first appearance takes place before the Youth Court and the case then automatically transfers to the High Court for trial and sentencing.
Children can be sentenced to imprisonment for murder or manslaughter and be detained in a Child, Youth and Family Youth Justice Residence under the custody of the Chief Executive of the Ministry of Social Development. Child offenders who are declared in need of care and protection can be detained in a Care and Protection Residence under the custody of the Chief Executive of the Ministry of Social Development.
What happens when a Young Persons 14-16 years are charged with murder or manslaughter
Where a young person is alleged to have committed murder or manslaughter, they are usually dealt with under the youth justice provisions of the Oranga Tamariki Act 1989. As with children aged 10-13 years the charges are filed in the District Court, the first appearance takes place before the Youth Court and the case then automatically transfers to the High Court for trial and sentencing.
Young persons can be imprisoned for murder, manslaughter, category 4 offences and category 3 offences for which the maximum penalty available is or includes imprisonment for life or for at least 14 years. They can also be detained in a Child, Youth and Family Youth Justice’ residence under the custody of the Chief Executive of the Ministry of Social Development.
What are the options to prosecute a 12-13 year old with a serious offence?
However, note that under s272(1) of the orange Tamariki Act 1989, there is the option of prosecuting children aged 12 and 13 years for certain serious offences. These are in circumstances where the offence is punishable by 14 years to life imprisonment (other than murder or manslaughter) or where the child is 12 or 13 years, is a previous offender (for a serious offence) and the offence is punishable by 10 years to 14 years imprisonment.
