Essay on Doli Incapax
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 …show more content…
The prosecution must rebut the presumption of doli incapax as an element of the prosecution case. * The presumption of doli incapax is not a defence; it is an element of the prosecution case. * If the prosecution fails to call evidence to the presumption there is no case to answer. * However if there is evidence that could satisfy a jury, the hearing or trial will proceed.
The child knew the act was seriously wrong as opposed to naughty. * In order to rebut presumption of doli incapax the prosecution must prove that the child defendant did the act charged and that in doing that act he/she knew that it was a wrong act as a distinct from naughty. * However it is difficult to determine whether the correct test is naughty, wrong or seriously wrong. * The prosecution must show that the act was ‘seriously’ wrong and not just something that would invite parental disapproval.
The evidence relied upon by the prosecution must be strong and