Justification And Excuse Including Infancy Flashcards
** Section 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
*** Prosecution: Children under 10 years
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.
*** Prosecution: Children aged 10-13 years old
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.
Discuss the case of R V FOREST and FOREST and what does the case law state?
R v Forrest & Forrest two men were charged with having sexual intercourse with a 14-year-old girl who had run away from Child Welfare custody. At trial the girl produced her birth certificate and gave evidence herself that she was the person named in the certificate. The men successfully appealed their convictions on the grounds that the Crown had not adequately proved the girl’s age.
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 is meant by the term “justified?” Provide two examples:
• Homicide committed in self-defence (s48)
• Homicide committed to prevent suicide or commission of an offence which would be likely to cause immediate and serious injury to the person or property of any one (s41).
Define defences for children under 21(1)
(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.
Define defences for children under 22(1)
(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.
Section 20 requires the Court of Registrar to give the defendant written notice of the requirements of section 22 and 23 when?
if the defendant pleads not guilty, or
- if the defendant is a child or young person, when they make their first
appearance in the Youth Court.
