Journal article
Four thresholds of doli incapax in Australia: Inconsistency or uniformity for children’s criminal responsibility?
Alternative Law Journal, Vol.48(1), pp.25-30
2023
Abstract
The presumption of doli incapax is a legal safeguard for children who contravene the criminal law. Four distinct thresholds emerge from the application of doli incapax across the Australian jurisdictions: actual knowledge that the offending conduct was ‘seriously wrong’; actual knowledge that the offending conduct was ‘wrong’; capacity to know that the offending conduct should not occur; and capacity to know that the offending conduct was ‘seriously wrong’. This article explores differences in the four doli incapax thresholds and suggests a uniform approach to the presumption is required to correct the jurisdictional inconsistency.
Details
- Title
- Four thresholds of doli incapax in Australia: Inconsistency or uniformity for children’s criminal responsibility?
- Authors
- Dominique Moritz (Corresponding Author) - University of the Sunshine Coast, Queensland, School of Law and SocietyMac Tuomi (Author)
- Publication details
- Alternative Law Journal, Vol.48(1), pp.25-30
- Publisher
- Sage Publications Ltd.
- Date published
- 2023
- DOI
- 10.1177/1037969X221138603
- ISSN
- 2398-9084
- Organisation Unit
- School of Law and Society; Sexual Violence Research and Prevention Unit
- Language
- English
- Record Identifier
- 99695748102621
- Output Type
- Journal article
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