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Question 1

Practice Note on Police questioning (Section 30(6) Evidence Act 2006)
5 Guidelines

Answer 1

1. Police may ask any person questions to assist with inquiries. Police must not suggest that it is compulsory to answer.
2. Providing BOR when sufficient to charge or questioning a person in custody
3. in relation to 2. questions should not amount to cross-examination
4. When questioned about statements made by others substance and nature of statements must be fairly explained.
5. any statement of person in custody or sufficient to charge preferably recorded on video

Question 2

Doli Incapax?

Answer 2

an ancient common law presumption that children under a particular age are ‘incapable of evil’ and therefore should not be culpable for any criminal acts or omissions

Question 3

In NZ irrebuttable presumption that. . .

Answer 3

A child under 10 cannot be held legally responsible for their actions - section 21 Crimes Act 1961

Question 4

A rebuttable presumption?
Found in both
- Section 22 Crimes Act 1961
- Sections 198 & 272A(1)(d) Oranga Tamariki Act 1989

Answer 4

Child aged 10-13 cannot be criminally liable unless they knew their act or omission was wrong or contrary to law.

Question 5

Whose responsible for rebutting the presumption?

Answer 5

Prosecution

Question 6

3 aspects of the offence that the prosecution must prove to ensure culpability

Answer 6

1. Mens Rea and
2. Actus Reus and
3. At the time of offending, knowledge of wrong or that the act/omission was contrary to law.

Question 7

Victim defined Victim’s Right Act 2002

Answer 7

(a) means—
(i) a person against whom an offence is committed by another person; and
(ii) a person who, through, or by means of, an offence committed by another person, suffers physical injury, or loss of, or damage to, property; and
(iii) a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i) or subparagraph (ii), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
(iv) a member of the immediate family of a person who, as a result of an offence committed by another person, dies or is incapable, unless that member is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
(b) for the purposes only of sections 7 and 8, includes—
(i) a person who, through, or by means of, an offence committed by another person, suffers any form of emotional harm; and
(ii) a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
(iii) a person who has experienced family violence; and
(iv) a child or young person residing with a person who falls within subparagraph (iii); and
(c) despite paragraphs (a) and (b), if an offence is committed by a person, does not include another person charged (whether as a principal or party or accessory after the fact or otherwise) with the commission of, or convicted or found guilty of, or who pleads guilty to,—
(i) that offence; or
(ii) an offence relating to the same incident or series of incidents as that crime or offence

Question 8

Under the Act Victim includes

Answer 8

• Person against whom an offence is committed by another person
• person who through or by means of an offence committed by another person, suffers physical injury or loss of property or damage to property
• parent o legal guardian of a child or young person who falls within either of the first two points, unless the parent or guardian is the person charged or convicted
• member of the immediate family of a person who as a result of an offence committed by another person, dies or is incapable, unless that family member is the person charged or convicted.

Question 9

Property

Section 2 Crimes Act 1961

Answer 9

property includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest

Question 10

to Injure

Section 2, Crimes Act 1961

Answer 10

to cause actual bodily harm

Question 11

Constable

Policing Act 2008, Section 4

Answer 11

constable means a Police employee who—

(a) holds the office of constable (whether appointed as a constable under the Police Act 1958 or this Act); and
(b) includes a constable who holds any level of position within the New Zealand Police