The doli incapax assumption that a child does not have a guilty mind, is no longer an appropriate presumption for a 12 year old youth. A prosecutor must act in accordance with the guidelines issued pursuant to the Act.
Citations:
Gazette 07-Sep-1994, Times 07-Mar-1994
Statutes:
Prosecution of Offenders Act 1985 10
Cited by:
See Also – C (A Minor) v Director of Public Prosecutions QBD 30-Mar-1994
The 12 year old defendant held the handlebars of a motorcycle allowing a second boy to try to remove the chain and padlock securing it. He appealed against his conviction.
Held: The presumption of doli incapax for a 10-14 year old child is no . .
Lists of cited by and citing cases may be incomplete.
Crime, Children, Criminal Practice
Updated: 09 April 2022; Ref: scu.86549