Justification and Excuse Including Infancy Flashcards
Definitions
Justified
Protected from Criminal Responsibility
Justified:
Means the person is not guilty of an offence and is not liable civilly.
Protected from Criminal Responsibility:
Means the person is not guilty of an offence but civil liability may arise.
Infancy
Section 21 CA61
AND
Section 22 CA61
s21 Children Under 10
(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.
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s22 Children between 10 and 14
(1) No person shall be convicted of an offence by reason of any act done or omission 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.
Burden of Proof
Children <10yrs
A child under 10yrs has absolute defence to any charge brought against them. Even though they cannot be convicted, you still have to establish whether or not they are guilty.
Children 10 - 13yrs
Must be shown that the child knew their act was wrong or contrary to the law. The test of knowledge is in add-on to the mens rea and acts reus requirements.
Onus is on the prosecution to establish for the above.
Proof of Age
R v Forrest and Forrest
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.
In practice, this generally involving producing the victim’s birth certificate along with independent witness identifying the victim as the person named on the certificate.
Prosecution
General Rule
All child offenders will be referred to the Care and Protection Co-ordinator (OT) until they reach the age of 14yrs.
When questioning a Child, seek advice from the District Youth Prosecutor.
Prosecution
Children 10 - 13yrs Charged with Murder or Manslaughter
Where 10-13yrs have been charged with Murder or Manslaughter (Category 4 Offences) they are usually dealt with under Youth Justice Provisions under 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 detained in a CYF Youth Justice Residence under the custody of CEO of MSD.
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Options to prosecute for certain offences:
12-13yrs can be prosecuted for 14yrs to Life Offences
OR
Prosecuted for 10-14yr Offences if they are a previous Offender.
Prosecution
Young Persons 14-16yrs Charged with Murder or Manslaughter
Where 10-13yrs have been charged with Murder or Manslaughter they are usually dealt with under Youth Justice Provisions under 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, Manslaughter, Category 4 and 3 offences punishable by 14yrs to Life. Detained in a CYF Youth Justice Residence under the custody of CEO of MSD.
