Justification And Excuse Incluidng Infancy

Question 1

Define justified:

Answer 1

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

Question 2

Define: protected from criminal responsibility

Answer 2

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

Question 3

Defences for children

Answer 3

s. 21 CA 1961 – 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. (absolute defence)
s. 22 CA 1961 – 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 age of 14, unless he knew either that the act or omission was wrong or that it was contrary to law. (Must know act was wrong and illegal).

Question 4

Proof of age: R v Forrest and Forrest

Answer 4

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age. E.g birth certificate and statement from person who attended birth or mother.

Question 5

Court for young persons

Answer 5

10-13 year old generally dealt with under OT act, however for homicide offences once first appearance in youth court, will be dealt with by the high court.