000			02373nam a2200277Ia 4500
001			111298
005			20250625151247.0
008			110331s1999 eng
040			_aWSS _dAFV
100			_aHarris, Teresa _91302
245			_aMalice supplying the want of age : _bjuvenile homicide in New Zealand : a substantive and procedural context _cHarris, Teresa
260			_c1999
300			_aiii, 85 p.
365			_a00 _b0
500			_aDissertation 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.
520			_aThis 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
522			_anz
650	2	7	_2FVC _aCHILDREN _9127
650	2	7	_2FVC _aDOMESTIC VIOLENCE _9203
650	2	7	_2FVC _aHOMICIDE _9297
650	2	7	_2FVC _aJUSTICE _9333
650	2	7	_2FVC _aLEGISLATION _9346
650	2	7	_aTHESES _9606
650	2	7	_9431 _aINTIMATE PARTNER VIOLENCE _2FVC
942			_2ddc _cTHESIS
999			_c3268 _d3268