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DOLI INCAPAX
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DOLI INCAPAX IN AUSTRALIA
SOURCE: Australian Institute of Criminology, The age of criminal responsibility (September 2005) <http://www.aic.gov.au/publications/current%20series/cfi/101-120/cfi106.html>
In Australia, the principle of doli incapax provides a rebuttable presumption that a child of 10-14 years in incapable of committing a crime.
For example, Criminal Code Act 1995 (Cth) s7.2; Common Law in NSW, VIC, and SA & State and Territory Criminal Codes in WA, QLD, TAS, NT and ACT
WHAT IS IT?
Deemed incapable of forming the intent to commit a crime or tort, especially by reason of age.
Oxford dictionary definition
In Latin, literally "capable of evil"
ORIGIN
THE MURDER OF JAMES BULGER
SHOULD DOLI INCAPAX BE ABOLISHED IN AUSTRALIA?
JAMES BULGER
(16 March 1990 - 12 February 1993)
D O L I I N C A P A X
ABDUCTED, TORTURED, AND MURDERED BY
“No civilised society regards children as accountable for their actions to the same extent as adults. The wisdom of protecting young children against the full rigour of the criminal law is beyond argument. The difficulty lies in determining when and under what circumstances that protection should be removed.”
Howard, Criminal Law (Law Book Co., 4th ed, 1982) 343.
HOW CHILDREN PLAYED BUTCHER WITH EACH OTHER
JON VENABLES (born 13 August 1982) &
ROBERT THOMSPSON (born 23 August 1982)
Both 10 years of age at the time of the murder
DID THE BOYS KNOW THE DIFFERENCE BETWEEN RIGHT AND WRONG?
IF DOLI INCAPAX WAS ABOLISHED, AT WHAT AGE SHOULD CHILDREN BE HELD CRIMINALLY RESPONSIBLE FOR THEIR ACTIONS?
THE VERDICT
"The killing of James Bulger was an act of unparalleled evil and barbarity. This child of two was taken from his mother on a journey of over two miles and then, on the railway line, was battered to death without mercy. Then his body was placed across the railway line so it would be run over by a train in an attempt to conceal his murder. In my judgment your conduct was both cunning and very wicked."
Justice Morland
IN OTHER WORDS, WHEN DO CHILDREN LOSE THEIR INNOCENCE?