Justification and Excuse Including Infancy Flashcards
What does “Justified” mean
The person is not guilty of an offence and is not liable civilly
What does “Protected from criminal responsibility mean?
The person is not guilty of an offence but civil liability may still arise.
What kind of a defence does a child under 10 years have against criminal prosecution?
An absolute defence
Even though a child under 10 years cannot be convicted of a criminal offence, what still needs to be established?
Whether or not they are guilty.
S21 - Children under 10
No person shall be convicted of an offence by reason of any act done or omitted by him or her when under the age of 10 years.
S22 - Children between 10 and 14
No person shall be convicted of an offence by reason of any act done or omitted by him or her when of the age of 10 but under the age of 14 years, unless he or she knew either that the act or omission was wrong or that it was contrary to law.
Determining age - S5 Majority Act 1970
The commencement of the relevant anniversary of the date of his birth.
Burden of Proof
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 a child aged 10-13 years
Three-fold test:
- Mens rea
- Actus reus
- That the child knew their act was wrong or contrary to law.
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.
What are two things the prosecution must do in order to prove age?
- Produce evidence of age (eg, birth certificate)
- Provide evidence that identifies the defendant as the person named in the certificate.
From whom should you seek advice in relation to questioning of children and young persons?
District Youth Prosecutor
Where is the first appearance for a child/young person charged with murder/manslaughter? What about for trial/sentencing?
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.
Imprisonment for young persons
Young persons can be imprisoned for murder, manslaughter, or category 3/4 offences for which the maximum penalty available is or includes imprisonment for life or for at least 14 years.
