in the recent australian case of a young girl starved to death alledgedly by her parents....?
who would be the prosecutor?? and would the defendant be ?
Best Answer:
The state has a duty of care and they would act on behalf of the child against the parents
The prosecution is other a representative of the Crown, i.e. a State or Federal Government representative. The defendant is technically a wrong terminology. Depending on the Court, the Parents would be considered the "accused" or "prisoners" (and if an appeal is launched, "complainant and respondent") Essentially it would be the State v Parents. Don't get confused between Criminal Cases and Civil Cases. Criminal Cases enjoy Prosecutors and Accused, Civil have Plaintiffs and Defendants. In a Civil Case, it would be a representative of the Child suing the parents (which, ironically, can be the parents themselves) for damages.
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