2. Juvenile Justice
Law and policy which relates to “minors” (i.e.
people under 18 years of age)
Our legal system recognises that people who
aren’t yet adults may have a different level of
responsibility for their actions
Juvenile justice aims to combine welfare
programs (which relate to the wellbeing of the
child) and justice programs (which generally
involve sanctions and punishment)
3. Age of criminal responsibility
10 years of age
Children (Criminal Proceedings) Act 1987(NSW)
“no child who is under the age of 10 years can be
guilty of an offence” (s.5)
Convention on the Rights of the Child (CRoC)
Children from10-13 may be charged in
Australia, if it’s demonstrated that they
understand right from wrong
Young people from 14-17 are considered to
understand right from wrong
4. doli incapax
Children under 10 years
of age are said to be doli
incapax – Latin for
“incapable of wrongdoing”
Means that children under
10 cannot have mens rea -
don’t understand that it’s
“seriously wrong” (R v
Gorrie 1919); they cannot
be charged with a crime
Children aged 10-14 are
presumed to be doli
incapax – can be proven
to be otherwise.
6. When there are high-profile youth cases, there are often calls to remove
doli incapax. Is this right? Or is doli incapax important? Why?
Should we remove doli incapax?
