5.1 young offenders

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5.1 young offenders

  1. 1. AGE OF CRIMINAL RESPONSIBILITY Crime: Young Offenders
  2. 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. 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. 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.
  5. 5. Examples James Bulger case (1993) R v LMW (1999) Corey Davis case
  6. 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?

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