Deemed incapable of forming the intent to commit a crime or tort, especially by reason of age (under ten years old).
- ‘A child under ten is said to be doli incapax, that is, incapable of crime.’
- ‘On this spurious basis the court overturned the centuries old principle of doli incapax - that a child under the age of 14 cannot be held accountable for his/her actions unless it is proven they knew what they were doing.’
- ‘The Attorney General's Department initiated a review of the doli incapax and the age of criminal responsibility in response to the case.’
- ‘At common law the presumption of doli incapax applied to children under 14, requiring the prosecution to establish that the child knew that the behaviour was seriously wrong before the case could go ahead.’
- ‘So what's their position on whether or not doli incapax protects children or in fact is sometimes prejudicial to their rights?’
Legal Studies Assess the effectiveness of the Criminal Justice System in dealing with young offenders.
1452 WordsNov 22nd, 20136 Pages
Assess the effectiveness of the Criminal Justice System in dealing with young offenders.
There are a few common reasons for young people to be involved in crime. These include poor parental supervision, drug and alcohol abuse, neglect and abuse, homelessness, negative peer associations and difficulties in school and employment. The criminal justice system effectively deals with young offenders through unique techniques to address the challenges of dealing with juvenile offending. Even though young offenders commit a large percentage of crime, they also have the highest likelihood to be rehabilitated and change their lifestyles as they mature. There are several factors influencing crime by young offenders including psychological and…show more content…
Doli Incapax however, doesn’t end once a young person reaches the age of 10. From the ages of 10-14 it is a common law presumption that a minor does not possess the necessary knowledge to have a criminal intention. This is known as a rebuttable presumption. This presumption lies in favour of the young person just as if they were under the age of 10, however, the other party can rebut it if they are able to show sufficient evidence to disprove this. This can be done a fair few ways. One of the ways to rebut Doli Incapax is by looking at the young persons criminal record. Previous offences that are linked to the present offence (e.g. robbery and assault) can be used to rebut Doli Incapax. Another way to rebut Doli Incapax is by interviewing the young person. This must be done so however, in the presence of an adult, if it not, the evidence may be inadmissible in court. The interview process will involve a police officer questioning the juvenile about their knowledge of the offence. If the juvenile admits they were aware that the offence was a criminal matter, Doli Incapax is rebutted. The United Nations Convention on the Rights of the Child (CROC) supports this idea of the age of criminal responsibility and Australia has ratified legislations proposed referring to this idea. The Children (Criminal Proceedings) Act 1987 (NSW) lays out the minimum age of criminal responsibility, although there are occasional debates within the public to reduce this age. Doli Incapax is