Justification and Excuse Including Infancy Flashcards Preview

013 - Homicide Defence > Justification and Excuse Including Infancy > Flashcards

Flashcards in Justification and Excuse Including Infancy Deck (12)
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1
Q

In relation to any person, “justified” means

A

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

2
Q

“Protected from criminal responsibility” means

A

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

3
Q

Children under 10

A

21
Children under 10

(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.

4
Q

Children between 10 and 14

A

22
Children between 10 and 14

(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 the age of 14 years, unless he knew either that the act or omission was wrong or that it was contrary to law.

5
Q

Attainment of particular age

A

5
Attainment of particular age

For all the purposes of the law of New Zealand 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

6
Q

A child aged under 10 years has

A

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

7
Q

For children aged between 10 and 13 years inclusive, it must be shown that

A

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. If this knowledge cannot be shown, the child cannot be criminally liable for the offence.

8
Q

In R v Rapira20 the Court discussed that the child must know that their act was wrong but

A

need not understand that it was seriously wrong:

9
Q

How are children charged with murder or manslaughter dealt with?

A

they are usually dealt with under the youth justice provisions of the Oranga Tamariki Act 1989. Charges are filed in the District Court, the first appearance takes place before the Youth Court and the case then automatically transfers to the High Court for trial and sentencing.

10
Q

Can a child be sentenced to prison for murder or manslaughter?

A

Yes

11
Q

How are young persons charged with murder or manslaughter dealt with?

A

Same as a child

12
Q

When can a young person be sentenced to prison?

A

Murder
Manslaughter
Category 4 offences
14+ Category 3 offences