Dissertation presented in partial fulfillment of the requirements of the University of Auckland for the degree of Bachelor of Laws (Hons). Available on short (2 hour) loan from the University's Davis Law Library.

This paper presents an overview of the current law relating to juvenile homicide in New Zealand, viewed in both a substantive and procedural context. The focus of the paper is on the manner in which children aged between 10 and 14 years are treated with respect to a charge of murder. Particular regard is paid to international juvenile justice obligations and Commonwealth comparative law. The age of criminal responsibility is analysed in its statutory and common law forms, and its current appropriateness reviewed and approved. The critique of the common law approach to evidential matters highlights the injustices and inconsistencies currently operating under the doctrine, such as the admissibility of a child defendant's previous convictions. The paper also examines the criticisms made of the practical implications of the doctrine. The sentencing of children who kill is discussed in relation to a number of countries practices. The paper concludes with suggestions for the reform of the substantive law. These include maintenance of the presumption against criminal responsibility for those child defendants aged between 10 and 14 years subject to a reversal of onus - putting the evidential and persuasive burden on the defendant. As it is not its focus, this thesis looks somewhat superficially at family violence in relation to children committing homicide.--AUTHOR'S ABSTRACT

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