Justification & Excuse Including Infancy Flashcards
Discuss the defences for children as set out in s21 and s22 of the CA61:
S21 - 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.
S22 - 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 the law.
Outline the culpability for children under 10 and children between 10 - 13:
Under 10 - A child under 10 years has an absolute defence to any charge brought against them. Nevertheless, even though the child cannot be convicted, you still have to establish whether or not they are guilty.
10 - 13 - For children aged between 10 and 13 years 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 reus requirements. If this knowledge cannot be shown, the child cannot be criminally liable for the offence.
Outline the case law of R v Forrest and Forrest, and discuss the case:
R v Forrest and Forrest held that the best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.
In R v F and F, two men were charged with having sexual intercourse with a 14 y/o girl who had run away from Child Welfare custody. At the trial the girl produced her birth certificate and gave evidence herself that she was the person named in the certificate. The defendant’s successfully appealed their convictions on the grounds that the Crown had not adequately proved the girl’s age.
What was held in R v Clancy?
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.
How are children aged 10 - 13 usually dealt with in the courts when charged with murder or manslaughter?
Where a child aged 10 - 13 years old is alleged to have committed murder or manslaughter (cat 4 offences) they are usually dealt with under the youth justice provisions of 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.
How are children aged 14 - 16 dealt with in the courts when charged with murder or manslaughter?
Same as child aged 10 - 13.
