A CASE FOR DIFFEREN A CASE FOR DIFFERENT STANDARDS IN A ARDS IN AGE DETERMINATION PROCEEDINGS

Abstract

The absence of a clear statutory process for age determination of victims has resulted in inconsistent judicial outcomes that lack a principled approach and dilute the standard of proof requirements intrinsic to criminal trials. This paper explores the feasibility of transposing the method for age determination of an offender provided under the Juvenile Justice Acts to the determination of the age of a victim in the context of criminal trials where the victim’s age creates a new substantive offence. This, it is argued, is inconsistent with the text of the various Juvenile Justice Acts, their purpose, and judicial precedent. The paper explores the nature of these inconsistencies as they occur during the process of age determination in criminal trials and finds that the variations are a result of differences in the understanding and application of the law. The paper argues that the standard of proof for determining the age of a child in conflict with law cannot be applied to determine the age of a victim and the latter needs to adhere to a higher evidentiary standard given its bearing upon the rights of an accused.