Justification and Excuse Including Infancy

Question 1

DEFINE JUSTIFIED

Answer 1

“justified” means that the person is not guilty of an offence and is not liable civilly.

Question 2

Defences for Children

Answer 2

Section 21 - child under 10 cant be convicted of an offence from an act done or omission

Section 22 - child age of 10 and under 14 cant be convicted of an offence from an act done or omission unless they knew it was wrong or contrary to law

Question 3

BURDEN OF PROOF - CHILD UNDER 10

Answer 3

A child under 10 has an absolute defence to any charge. Even though the child cannot be convicted you still need to establish whether they are guilty or not.

Question 4

BURDEN OF PROOF CHILD 10 - 13

Answer 4

A child 10-13 years it must be shown that the child knew that their act was wrong or contrary to law. Test of knowledge as well as mens rea and actus reus. If knowledge cannot be shown the child cannot be criminally responsible.

Question 5

CASE LAW: R v FORREST AND FORREST - AND WHAT IT WAS ABOUT

Answer 5

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

2 men charged with sex with a 14 year old girl who ran away from CYFS custody. At trial the girl produced birth certificate and gave her own evidence. The men successfully appealed their conviction on the grounds that the Crown had not proven the girls age.

Question 6

MURDER/MANSLAUGHTER CHARGE FOR CHILD 10-13 YEARS

Answer 6

• dealt with under the youth justice provisions of the Oranga Tamariki Act 1989.
• heard in the High Court following the first appearance in the Court in which the charging documents were filed.

Question 7

WHAT COURT DOES A YOUNG PERSON FACING A MURDER/MANSLAUGHTER CHARGE APPEAR?

Answer 7

• dealt with under the youth justice provisions of the Oranga Tamariki Act 1989.
• heard in the High Court following the committal process in the Youth Court

Question 8

WHAT WAS HELD IN R V CLANCY?

Answer 8

The best evidence as to the date and place of a child’s birth will normally be provided by a person attending at the birth or the child’s mother … Production of the birth certificate if available may have added to the evidence but was not essential.