It'd seem like we could resolve this by determining if the {mean # of days in a year} times 18 = 6574.365 days had passed or not?
Juvenile or adult? Leap-year suspect poses conundrum for court
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Re: Juvenile or adult? Leap-year suspect poses conundrum for court
#12It'd seem like we could resolve this by determining if the {mean # of days in a year} times 18 = 6574.365 days had passed or not?
Re: Juvenile or adult? Leap-year suspect poses conundrum for court
#13I'm a marriage celebrant here in Australia and a couple must, by law, give "one month" notice before they wish to be married. This is surprisingly complicated. A good percentage of the training and the accreditation were related to the calculation of this month. The Attorney General's Department sent out a fact-sheet earlier this year, clarifying "one month" and giving a bunch of examples. A few months later they upd…
Re: Juvenile or adult? Leap-year suspect poses conundrum for court
#14Re: Juvenile or adult? Leap-year suspect poses conundrum for court
#15· Becoming an adult at 18.00 (vs. 17.98) years of age is a vague and somewhat arbitrary threshold. If we define it as "knowing right from wrong" and "knowing that your actions have consequences" in the context of the code of law, then a couple of days are not going to have a considerable impact.
· If the major distinction between being tried as a juvenile or an adult is the severity of the punishment and the amount of lenience applied, then it's telling for the attorney to argue for the former, since it indirectly implies that their client will likely be found culpable. Furthermore, if the defendant is found guilty there is a likelihood that their punishment will not be appropriate for their current age, which may seem unfair to some.
If it were up to me to decide, I would treat them as an adult for the purposes of the trial, but take into account their young age as an extenuating circumstance when sentencing.
Re: Juvenile or adult? Leap-year suspect poses conundrum for court
#16Edge cases ...
Isn't it! I'd be surprised there isn't precedent somewhere actually, perhaps not in Australia but at least a couple of similar cases. The defendant in this case is absolutely 17 though. I can't see it any other way.
The same tactic works for working out when one month from the 31st August is
Re: Juvenile or adult? Leap-year suspect poses conundrum for court
#17Re: Juvenile or adult? Leap-year suspect poses conundrum for court
#18Earlier quoted context omitted.
I meant for the purposes of settling this issue, not for all legal calculations based on birthdays.
But then you're in a funny gray area of being legally an adult for some considerations, but not others.
Re: Juvenile or adult? Leap-year suspect poses conundrum for court
#19I see why the defense argues the opposite and how this is good, because the law must er on the defendants side.
But to fight this, to try and get a technicality over a "day" to decide if they are a child or adult shows a broken system.
The prosecutor should be "punished" in some way.
For the defense it costs them money at least, for the prosecutor it just costs the taxpayer money to be evil. There needs some sort of fix.
Re: Juvenile or adult? Leap-year suspect poses conundrum for court
#20"select (date '2000-02-29' + interval '18 years')" returns "2018-02-28 00:00:00", so the Court may be right.