Progress Test 4 Flashcards
If a person is deemed to have been justified and not criminally liable for an offence, may they then be proceeded against in civil action?
No, because they have been JUSTIFIED in relation to being not guilty of an offence as well as not liable civilly.
When interviewing 10 - 13 year old children for the offence of murder what must be shown in addition to the mens rea and actus reus requirements for the child to be held criminally liable for the offence?
Under section 22 it outlines that a child must knew that what they did was wrong in order to be convicted.
What was held in the matter of R v Clancy in relation to the best evidence concerning proof of age.
The best evidence should be adduced by Prosecution. In this case the mother who gave birth of the child can give evidence to this and a birth certificate is good however in the circumstances the birth certificate is not essential.
From whom should you seek advice in relation to questioning children and young person?
From your district Youth Prosecutor.
A 13 year old charged with murder having been the subject of a committal hearing in the Youth Court will be remanded to appear next in which court to have the matter heard?
In the High Court
