Part 5 Justification and Excuse

Question 1

General Rule to Justification

Answer 1

s20

• All common law defences are retained, so long as they are not inconsistent with the CA61 or any other enactment

Question 2

Justified

Answer 2

• Means that the person is not guilty of an offence and is not liable civilly

Question 3

Protected from Criminal Responsibility

Answer 3

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

Question 4

Children under 10

Answer 4

s21

(1) 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

• They have an absolute defence to any charge brought against them.
• Cannot be convicted but can be found guilty or not guilty

Question 5

Children between 10 and 14

Answer 5

s22

(1) 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 years, unless he knew either that the act or omission was wrong or that it was contrary to law

Question 6

Attainment of Particular Age

Answer 6

s5 of Age of Majority Act 1970

For all the purposes of the law of NZ the time at which a person attains a particular age expressed in years shall be the commencement of the relevant anniversary of the date of his birth

Question 7

Children between 10 and 13 - Prosecution test

Answer 7

• Other than proving mens rea and actus reus of an offence, prosecution must establish that the child knew their act was wrong or contrary to law

Question 8

R v Forrest and Forrest (Case law - Proof of age)

Answer 8

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

Question 9

Prosecution process for 10 - 13 year old children for Category 4 Offences

Answer 9

• Charges are filed in the District Court
• First appearance takes place in Youth Court
• The matter is transferred to High Court
• Applies to young persons between 14 - 17 years of age

Question 10

Option to Prosecute for Certain Serious Offences

Answer 10

s272(1) of OT89

• This section offer an option of prosecuting
  
  • Children aged 12 and 13 years who commit offences that range 14 years to life (except Murder & Manslaughter)
  • Is a previous offender for serious offending and the offence is punishable between 10 to 14 years imprisonment