Justification & Youth Flashcards
What does it mean if a person is justified?
They are not guilty of an offence and not liable civilly
Define “protected from criminal responsibility”
The person is not guilty of an offence but civil liability may still arise
A child aged under 10 years has an___________ any charge brought against them
Absolute defence
NB even though a child cannot be convicted you still have to establish whether or not they are guilty
What if the child offender is aged between 10 and 13 inclusive?
It must be shown that the child knew the act was wrong or contrary to law
(This is an addition to the mens rea and actus reus requirements)
Who’s responsibility is it to prove a 12-year-old child knew murder was wrong?
The prosecution
The prosecution is required to produce evidence of age and evidence that identifies the defendant as the person named in the birth certificate for example
Which case law applies to proving age?
R v Forrest & Forrest
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution and proof of age
What’s the general rule when prosecuting child offenders?
As a general rule or child offenders will be referred to the care and protection coordinator until they reach 14 years old.
Seek advice from district youth prosecutor
If a 9-year-old commits a murder and some action is desirable or necessary what could you do?
Consider having the child and family dealt with as a care and protection matter (report to OT for their attention)
Explain the different court hearings for a child aged 10-13 who has committed murder or manslaughter (cat 4)
Charges filed in: District Court
First appearance: youth court
Then automatic transfer to high court for trial and sentencing
Young persons can be imprisoned for murder, manslaughter and cat 4-3 offences for which the maximum penalty is includes _______
Life or at least 14 years
