Justification & Excuse Flashcards
(13 cards)
General role as to justification:
S20 - CA 61
All the common law defences are retained, so long as they not inconsistent with the crime act or any other enactment.
Define: justified
In relation to any person, justified means that the person is not guilty of an offence and is not liable civilly.
Define: protected from criminal responsibility
Means the person is not guilty of an offence but civil liability may still arise.
S21 - children under 10
No person shall be convicted of an offence by reason of any act done or omitted by him when under the age of 10.
S22 - children between 10 and 14
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, unless he knew either that the act or omission was wrong or that it was contrary to law.
Determining age in New Zealand
S5 - attainment of particular age
What time at which a person attains a particular age expressed in years shall be the commencement of the relevant anniversary of the date of birth.
Absolute defence
A child under 10 years old has an absolute defence to any charge brought against them.
Proof of age-case law
R v Forrest and Forrest:
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age
General rule of prosecution of a child
As a general rule, all children offenders will be referred to the care and protection coordinator until they reach the age of 14.
Children age 10 to 13 years old charged with murder or manslaughter
Category 4 offence
Usually dealt with under youth justice provisions .
Charge filed in the district court , first appearance and the youth court and then transferred to the High Court for trial.
Young persons, 14 to 16 years charged with murder or manslaughter
Same as 10 -13
S272(1) OT Act 89
There is an option of prosecuting children age 12 and 13 for certain serious offences. These are offences punishable by 14 years to life imprisonment
