Justification and Excuse Including Infancy

Question 1

In relation to any person, “justified” means

Answer 1

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

Question 2

“Protected from criminal responsibility” means

Answer 2

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

Question 3

Children under 10

Answer 3

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.

Question 4

Children between 10 and 14

Answer 4

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.

Question 5

Attainment of particular age

Answer 5

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

Question 6

A child aged under 10 years has

Answer 6

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

Question 7

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

Answer 7

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.

Question 8

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

Answer 8

need not understand that it was seriously wrong:

Question 9

How are children charged with murder or manslaughter dealt with?

Answer 9

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.

Question 10

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

Answer 10

Yes

Question 11

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

Answer 11

Same as a child

Question 12

When can a young person be sentenced to prison?

Answer 12

Murder
Manslaughter
Category 4 offences
14+ Category 3 offences