Justification And Excuse Including Infancy

Question 1

Definition of Justified

Answer 1

In relation to any person, “justified” means that the person is not guilty of an offence and is not liable civilly.

Question 2

R v Forrest and Forrest (Proving age)

Answer 2

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.

Question 3

60. Defence for Children under 10 - Section 21

Answer 3

A person under 10 cannot be convicted of an offence (they have an absolute defence).

Question 4

61. Defence for Children between 10 and 14 - Section 22

Answer 4

A person over 10 but under 14 cannot be convicted unless he knew either
- That the act was wrong or

• That it was contrary to law.
  If this knowledge cannot be shown the child cannot be criminally liable.

Question 5

Prosecution/court procedure for children and young persons (aged 10-16) charged with murder or manslaughter

Answer 5

• Charges filed in the District Court
• First appearance in the Youth Court
• Case automatically transfers to the High Court for trial and sentencing.