Justification And Excuse Including Infancy

Question 1

Defences
Definitions of Justified and Protected from criminal responsibility

Answer 1

Justified
- 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
- “Protected from criminal responsibility” means the person is not guilty of an offence but civil liability may still arise.

Question 2

Infancy
What sections are defences for children set out in?

Answer 2

Section 21 - children under 10
(1) no person shall be convicted of an offence by reason of any act done or omitted by them when under the age of 10

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 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

Question 3

Burden of proof
Child under 10

Answer 3

A child under 10 has 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

Question 4

Children aged 10-13

Answer 4

• for children ages 10-13 years inclusive, it must be shown that the child knew their act was wrong or contrary to law.

Question 5

R v FORREST and FORREST

Proof of age

Answer 5

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

Question 6

R v CLANCY

Answer 6

The best evidence as the the date and place of a child’s birth will oally be provided by a person attending at the birth or the child’s mother…production of the birth certificate, if available, may have added the the evidence by not essential

Question 7

Prosecution

Who should you seek advice from in relation to questioning of children/YP?

Answer 7

• district youth prosecutor

Question 8

Prosecution
What is the general rule?

Answer 8

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

Question 9

Prosecution
Children under 10

Answer 9

• when offences are being committed by children under 10 and some action if desirable or necessary, consider having the child and family dealt with as care and protection matter

Question 10

Prosecution
Children 10-13 charges with murder or MS.

What is the process?

Answer 10

• They are usually dealt with under the youth justice provisions of the OT ACT 1989x charges are filed in the district court, the first appearance takes place before the youth and the case the automatically transfers to the high court for trial and sentencing.

Question 11

Imprisonment for children

Answer 11

• Children can be sentenced to imprisonment for MS or murder.

YP can be imprisoned for murder, MS, cat 4 offences and cat 3 for which max penalty available is or includes imprisonment for life or 14 years