Justification and Excuse including Infanticide Flashcards
section 21 of the crimes act 1961
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
* a child under 10 has an absolute defence to any charge brought against them, and even though they cannot be convicted you still need to establish whether or not they are guilty
section 22 of the crimes act 1961
children between 10 and 14
1) 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
r v brooks - the onus is on the prosecution to prove that the accused knew (knowledge) that the act or omission was wrong or contrary to law
under s272(1) of the oranga tamariki act 1989 what other offences can a child aged 12 and 13 be prosecuted for
young persons can be imprisoned for life for murder or manslaughter but can also be prosecuted for certain offences carrying an imprisonment term of 10 to 14 years if they are a previous offender for a serious offence
what offences can young persons be imprisoned for
- murder
- manslaughter
- category 3 and 4 offences carrying imprisonment term of life or 14 years
how are children aged 10 to 13 years old alleged to have committed murder or manslaughter usually dealt with
they are usually dealt with under the youth justice provisions of oranga tamariki act 1989, charges are filed in the district court for appearance in the youth court before automatic transfer to the high court for trial and sentencing
children can be sentenced to imprisonment for murder and manslaughter and be detained in a child youth and family youth justice residence (YJ) under the custody of MSD Chief executive
what is the difference between “justified” and “protected from criminal responsibility”
justified means person is not guilty of an offence and not civilly liable
protected from criminal responsibility means person is not guilty of an offence but may still be civilly liable
In order for a child aged 10 - 13 years old to be criminally liable for murder what else must be shown in addition to mens rea and actus reus
it must be shown that the child knew their act was wrong or contrary to law. if this knowledge cannot be shown, the child cannot be criminally liable for the offence
what was held in r v clancy
the best evidence as to the date and place of a child birth will normally be provided by a person attending at the birth or the childs mother
who should you seek advice from in relation to questioning children and young persons
seek advice from the district youth prosecutor to ensure compliance with the CYPF Act
