Justification and Excuse including Infancy SA

Question 1

Burden of proof - Child under 10 defence

Answer 1

A child under 10 has an absolute defence to any charge brought against them. Even though a child cannot be convicted, you still have to establish whether or not they are guilty.

Question 2

Burden of proof - Children aged 10-13

Answer 2

For children ages between 10 and 13 inclusive, it must be shown that the child knew their act was wrong or contrary to law. This test of knowledge is in addition to the mens rea and actus rea requirements. If this knowledge cannot be shown, the child cannot be criminally liable for the offence.

Question 3

Which court does the child between 10 and 13 appear if charged with murder or manslaughter?

Answer 3

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