Justification and Excuse including infancy

Question 1

Justified
and
Protected from criminal responsibility

Definitions

Answer 1

Justified
The person is not guilty of an offence and is not liable civilly

Protected from criminal responsibility
The person is not guilty of an offence but civil liability may still arise.

Question 2

Burden of Proof

Child under 10

Answer 2

Sec 21(1)
A child aged under 10 years has an absolute defence to any charge brought against them.

Of note

Nevertheless, even though the child cannot be convicted, you still have to establish whether or not they are guilty.

Question 3

Burden of proof

child aged 10-14

Answer 3

Sec 22(1)
For children aged between 10 and 14, it must be shown that the child knew their act was wrong or contrary to law. If cant be shown the child is not criminally liable.

Of note

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

Question 4

What was held in R V Rapira?

Answer 4

The child must know their act was wrong, but need not understand it was seriously wrong.

Question 5

From whom should you seek advice in relation to questioning of children and young persons?

Answer 5

District youth prosecutor

Question 6

Filing charges against children/young persons

Process

Answer 6

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.

Question 7

Imprisonment for Children/young persons

Answer 7

Children can be sentenced to imprisonment for murder or manslaughter and detained under custody of chief executive of MSD.

Young persons can be imprisoned for murder, manslaughter, category 4 offences and category 3 offences for which the maximum penalty available is or includes imprisonment for life or for at least 14 years.