5. Justification and Excuse Including Infancy - Burden of Proof Flashcards
In relation to children aged under 10 what is stated about a defence?
Must Know
A child aged under 10 years has an absolute defence to any charge brought against them. Nevertheless, even though the child cannot be convicted, you
still have to establish whether or not they are guilty.
What must be shown for for children aged between 10 and 13 years?
For children aged between 10 and 13 years inclusive, it must be shown that the child knew their act was wrong or contrary to law. This test of knowledge is in addition to the mens rea and actus reus requirements.
In relation to children aged between 10 and 13 years, what did the court say in R v Brooks?
The Court in R v Brooks19 said the onus is on the prosecution to establish that the accused knew that the act or omission was wrong or that it was contrary to law.
In relation to children aged between 10 and 13 years, what did the court say in R v Rapira
In R v Rapira the Court discussed that the child must know that their act was wrong but need not understand that it was seriously wrong.
In relation to proof of age what is the prosecution required to produce?
The prosecution is required to produce evidence of age (for example, a birth certificate) and provide evidence that identifies the defendant as the person named in the certificate.
In relation to proof of age, what was held in R v Forest and Forest?
Must Know Case Law
“The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.”
What did the court say in R v Clancy?
The Court in this matter said “the best evidence as to the date and place of a child’s birth will normally be provided by a person attending at the birth or the child’s mother … Production of the birth certificate, if available, may have added to the evidence but was not essential.”
