Justification and Excuse Including Infancy Flashcards
Discuss the defences for children as set out in Section 21 and Section 22 of the Crimes Act 1961.
-Section 21 - No person shall be convicted of an offence by reason of any act done or omitted by when under the age of 10 years.
- Section 22 - 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.
Outline the culpability for Children under 10 and children 10-13 years.
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.
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. If this knowledge cannot be shown, the child cannot be criminally liable for the offence.
Discuss the case Forrest & Forrest and outline the case law.
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
What was held in R v Clancy
The best evidence as to the date and place of a child’s birth will normally be provided by a person attending at the birth or the child’s mother… Production of the birth certificate, if available, may have added to the evidence but was not essential.
Children aged 10 - 13 years of age charged with murder or manslaughter
10 to 13 years-old charged with murder or manslaughter (a category 4 offence) 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 take place before the Youth Court and the case then automatically transfers to the High Court for trial and sentencing.
Children aged 14 - 16 years of age charged with murder or manslaughter
14- to 16-year-olds charged with murder or manslaughter (a category 4 offence) 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 take place before the Youth Court and the case then automatically transfers to the High Court for trial and sentencing.
If a child is charged with murder or manslaughter, what jurisdiction are they dealt under?
Youth court, then High Court
If a child is charged with murder or manslaughter, what jurisdiction are they dealt under?
Initially dealt with under youth justice provisions, then the matter is referred to the high court for future proceedings.
A 9-year-old child wilfully frightens another child, and as a result, the other child dies. Despite the offender’s age (under 10, absolute defence) action is desired. What actions can you take?
You could make a referral to CYF to be dealt with as a care and protection matter.
