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The King v Brooks - [1945] NZLR 584

$30.00

Court of Appeal Wellington
26, 27, 28, 29 June; 27 July 1945
Sir Michael Myers CJ, Kennedy J, Callan J, Finlay J
Criminal Law — Capacity — Child over Seven Years and Under Fourteen Years of Age — Presumption against Criminal Responsibility — Knowledge of Accused that Act committed was wrong — Onus of Proof upon the Crown — Irrelevance of Issue of Insanity in respect of a Child of that Age — Crimes Act, 1908, ss 41, 42.
Criminal Law — Insanity — Insanity as a Defence — Onus of Proof — Duty of the Crown as to Evidence of Insanity in its Possession — Special Verdict of Insanity — Limitation to Persons of or over Age of Fourteen Years accused of Crime — "No person" — "Sane" — "On the grounds of his insanity" — Crimes Act, 1908, s 43 — Mental Defectives Act, 1911, s 31.

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