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Doli incapax — the criminal responsibility of children
M Johnston and R Khalilizadeh
[12-1000]
The age of criminal responsibility
The test for rebutting doli incapax
RP v The Queen (2016) 259 CLR 641
The test developed from RP
The erroneous presumption of normality
Rebutting the presumption of doli incapax
Statements/admissions made by the child
Behaviour of the child before and after the act
Prior criminal history
Evidence of parents/ background
Evidence of teachers
Evidence of psychologists and psychiatrists
Concluding observations
Proving the criminal responsibility of children:
RP v The Queen
H Dhanji SC, J Roy and S McLaughlin
[12-2000]
Introduction
1. Criminal Responsibility of children
Minimum age of criminal responsibility
The case of RP v the Queen
2. Rebutting the presumption of
doli incapax
2.1 The onus is on the prosecution to rebut the presumption of
doli incapax
as part of the prosecution case;
2.2 Proof of capacity requires proof the child appreciated the moral wrongness of the act or omission and is to be distinguished from the child’s awareness that his or her conduct was merely naughty or mischievous
2.3 The evidence relied upon by the prosecution must be strong and clear beyond all doubt or contradiction
2.4 The evidence to prove the accused’s guilty knowledge, as defined above, must not be the mere proof of doing the act charged, however horrifying or obviously wrong the act may be
Conclusion
Youth justice in Australia 2021–2022
[12-3000]
Summary
Youth justice in Australia: themes from recent enquiries
G Clancey, S Wang and B Lin
[12-4000]
Abstract
What are the characteristics of effective youth offender programs?
K Pooley
[12-5000]
Abstract
Youth detention population 2023
[12-6000]
Summary
Youth crime in NSW: An environmental scan
P Johnstone
[12-7000]
Abstract
Fetal alcohol spectrum disorder and youth justice in WA
C Bower et al
[12-8000]
Abstract
Objectives
Design
Participants
Findings
Conclusions
Fetal alcohol spectrum disorder in the Australian justice context
N Reid et al
[12-9000]
Abstract
Sentencing juvenile offenders on indictment
His Honour Judge Gordon Lerve
[12-9500]
Introduction
Children’s serious indictable offences
Other offences — need for determination whether to deal with according to law
Section 6 Children (Criminal Proceedings) Act
Principles to be applied according to the authorities
Recording a conviction
Criminal history or record
Requirement for a Juvenile Justice Background Report if a sentence of custody is being considered
Section 33 Children (Criminal Proceedings) Act
Offender over 18 may serve a sentence in a juvenile justice institution
Henry guideline applies to juveniles
SNPPs do not apply to juvenile offenders
Discretion not to have a juvenile on the Child Protection Register
Conclusion