5.1 young offenders
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5.1 young offenders 5.1 young offenders Presentation Transcript

  • AGE OF CRIMINAL RESPONSIBILITY Crime: Young Offenders
  • 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)
  • 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)  Children from10-13 may be charged, if it’s demonstrated that they understand right from wrong  Young people from 14-17 are considered to understand right from wrong
  • 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; they cannot be charged with a crime  Children aged 10-13 may be proven to be doli incapax
  • Examples James Bulger case R v LMW (Corey Davis case)