Justification & Excuse Including Infancy

Question 1

Define justified

Answer 1

In relation to any person, justified means that the person is not guilty of an offence and is not liable civilly

Question 2

Define protected from criminal responsibility

Answer 2

means the person is not guilty of an offence but civil liability may still arise

Question 3

Two infancy defences

Answer 3

s21 no person shall be convicted of an offence by reason of any act done or omitted by him when under 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 14 unless he knew either that the act or omission was wrong or that it was contrary to law

Question 4

How is age determined?

Answer 4

In NZ is at the commencement of the relevant anniversary of the date of his birth.

Question 5

Does a child under 10 years has an absolute defense?

Answer 5

Yes

Question 6

Can a child under 10 be convicted?

Answer 6

No but you must establish if they are guilty or not

Question 7

Caselaw R v Forrest and Forrest

Answer 7

The best evidence possible in the circumstances should be adduced by the prosecution in proof of age.

Question 8

As a general rule all child offenders will be referred to the Care and Protection Coordinator until they reach 14 years?

Answer 8

Yes