Justification and Excuse Including Infancy

Question 1

Define justified
And two examples

Answer 1

In relation to any person

Means that the person is not guilty of an offence and is not liable civily

Homicide committed in self defence - sec 48

Homicide committed to prevent suicide or commission of an offence - sec 41

Question 2

Define protected from criminal responsibility

Answer 2

Means the person is not guilty of an offence but civil liability may still arise

Question 3

Sec 21 - Children under 10
(Infancy)

Answer 3

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

Question 4

Sec 22 - Children between 10 and 14
(Infancy)

Answer 4

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

Question 5

What is required for a person between 10 and 13 year old to be held criminally liable?

Answer 5

If he knew that the act or omission was wrong or that it was contrary to the law

This test of knowledge is in addition to the mens rea and actus reus requirements

If the knowledge cannot be shown, the child cannot be criminally liable

Question 6

R v Forrest and Forrest

Answer 6

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

eg birth certificate + evidence of a person attending the childs birth or the childs mother

Question 7

Discuss Forrest and Forrest

Answer 7

Two men were charged with having sexual intercourse with a 14 year old girl who had run away from CYFS 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 girls age

Question 8

General rule for prosecution of a child

Answer 8

All child offenders will be referred to the care and protection co-ordinator until they reach the age of 14 years

Question 9

Where a child aged 10 to 13 has committed murder or manslaughter, what court does the child first appear and where does it then transfer to?

Answer 9

The charges are filed in the district court.

First appearance takes place before the youth court

And then the case automatically transfers to the high court for trial and sentencing

Question 10

Where a young person aged 14 to 16 years is charged with murder or manslaughter, what court does the YP appear?

Answer 10

Charges filed in the District Court.

First appearance takes place before the Youth Court.

Automatically transfers to the High Court for trial and sentencing

Question 11

Can children aged 10-13 be sentenced to imprisonment?

Answer 11

Yes if charged with murder or manslaughter

Question 12

Can a young person 14-16 years be imprisoned for murder or manslaughter?

Answer 12

Yes
A young person can be imprisoned for murder, manslaughter, cat 4 and cat 3 offences if the maximum penalty is life imprisonment or 14 years

They can also be detained in CYFS residence under the custody of the Chief Executive of the ministry of social development

Question 13

Can children aged 12-13 years be prosecuted?

Answer 13

Yes
For certain serious offences, such as
- offences punishable by 14 years or life imprisonment, or
- the child is a previous offender for a serious offence and the offence is punishable by 10-14 years imprisonment

Question 14

Who should you seek advice from in relation to questioning of children and young persons?

Answer 14

The District Youth Prosecutor to ensure compliance with the Oranga Tamariki Act