Justification and Excuse including infancy

Question 1

‘Justified’

definition

Answer 1

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

Question 2

Protected from criminal responsibility

definition

Answer 2

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

Question 3

Defences for children

Answer 3

Section 21 and 22 CA61

Question 4

Section 21

Children under 10

Answer 4

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

Question 5

Section 22

Children between 10 - 14

Answer 5

NO person shall be convicted of an offence by reason of any acct done or omitted by him when of the ag of 10 but under 14, unless he knew either that act or omission was wrong or that it was contrary to law

Question 6

Burden of proof children aged 10-13 years

Answer 6

Must be shown that the child knew their actions were contrary to law, test of knowledge is in addition to the mens rea and actus rea requirements

Question 7

General rule

Answer 7

All child offenders will be referred to the Care and Protection co-coordinator until they reach the age of 14 years

Question 8

Children under 10

prosecution

Answer 8

Consider having the family dealt with as a care and Protection matter

Question 9

Children 10 - 13 years charged with murder / manslaughter

Answer 9

Dealt with under youth Justice provisions of the OOT Act 1989
Charges are file in the DC
First appearance in the YC
Automatically transfers to thee HC for trial and sentencing

Question 10

YP 14 - 17 charged with murder / manslaughter

Answer 10

Dealt with under provision of the OT Act 1989
Charges filed in DC
First appearance in YC
Automatically transferred to HC for Trail sentencing