Doli Incapax
Legal Studies
HSC Assessment Task 1- Crime
* Definition * Age of Crime responsibility * Tests for rebutting doli incapax * Rebutting the presumption doli incapax (evidence) * Cases
Definition: * It’s a Latin term meaning 'incapable of wrong'; the presumption that children under a certain age cannot be held legally responsible for their actions and cannot be guilty of an offence.
Age of Criminal Responsibility:
Under 10s: * In NSW today, the Children (Criminal Proceedings) Act 1987 (NSW) lays out the minimum wage of criminal responsibility.
Under section 5 of Children (Criminal Proceedings) Act 1987 (NSW) states that for children under 10 years old, doli incapax is a conclusive presumption (legal presumption in favour of one party that is final (conclusive) and cannot be rebutted by the other party) * No children under the age of 10 can be found by law to commit an offence. * This statutory presumption is irrebuttable. * This is because they don’t have the sufficient knowledge of what is right and wrong. * They are considered more likely to be rehabilitated from offending behavior, and the imposition of any criminal penalty at such a young age may prevent this from occurring. For these reasons, children under the age of 10 are deemed by law never to be criminally liable.
10-13 years old * The rebuttable presumption of doli Incapax applies to children 10 to 13 years of age. * Once a child turns 10 years old, they are still presumed incapable of committing a criminal offence, but this presumption is allowed to be rebutted. That is, the prosecution may be able to show that the child, at the time of the alleged offence, actually knew that their act was seriously wrong, and not just “naughty.” * The rebuttable presumption recognizes that children of this age might have the mental capacity to understand the seriousness of their act, but only if the prosecution can prove beyond doubt. * Evidence
HSC Assessment Task 1- Crime
* Definition * Age of Crime responsibility * Tests for rebutting doli incapax * Rebutting the presumption doli incapax (evidence) * Cases
Definition: * It’s a Latin term meaning 'incapable of wrong'; the presumption that children under a certain age cannot be held legally responsible for their actions and cannot be guilty of an offence.
Age of Criminal Responsibility:
Under 10s: * In NSW today, the Children (Criminal Proceedings) Act 1987 (NSW) lays out the minimum wage of criminal responsibility.
Under section 5 of Children (Criminal Proceedings) Act 1987 (NSW) states that for children under 10 years old, doli incapax is a conclusive presumption (legal presumption in favour of one party that is final (conclusive) and cannot be rebutted by the other party) * No children under the age of 10 can be found by law to commit an offence. * This statutory presumption is irrebuttable. * This is because they don’t have the sufficient knowledge of what is right and wrong. * They are considered more likely to be rehabilitated from offending behavior, and the imposition of any criminal penalty at such a young age may prevent this from occurring. For these reasons, children under the age of 10 are deemed by law never to be criminally liable.
10-13 years old * The rebuttable presumption of doli Incapax applies to children 10 to 13 years of age. * Once a child turns 10 years old, they are still presumed incapable of committing a criminal offence, but this presumption is allowed to be rebutted. That is, the prosecution may be able to show that the child, at the time of the alleged offence, actually knew that their act was seriously wrong, and not just “naughty.” * The rebuttable presumption recognizes that children of this age might have the mental capacity to understand the seriousness of their act, but only if the prosecution can prove beyond doubt. * Evidence