Doli Incapax (1 Viewer)

[Frigid]

Boy, 8, dubbed rape 'time bomb'

Authorities have been accused of creating a "time bomb" by not ordering an eight-year-old boy allegedly involved in the rape of a three-year-old girl to undergo some form of counselling.

The north Queensland boy, who is below the age of criminal responsibility, probably has no idea he has done wrong, state Opposition Leader Lawrence Springborg said today.

The eight-year-old was allegedly involved in the gang rape of the girl in Cairns 12 days ago.

Mr Springborg said the lack of counselling and monitoring could pave the way for similar acts by the same boy as he grew older.

"We have a time bomb waiting to happen again if there is no counselling," he told reporters.

s29 - Immature age, Criminal Code 1899 (Qld)

(1) A person under the age of 10 years is not criminally responsible for any act or omission.

(2) A person under the age of 14 years is not criminally responsible for an act or omission, unless it is proved that at the time of doing the act or making the omission the person had capacity to know that the person ought not to do the act or make the omission.

interestingly, if i remember correctly, the NSW Crimes Act does not have a doli incapax provision...

 

[Wolfowitz]

Not the Crimes Act, no.
The DI provisions under the pieces of Ch&YP legislation desperately need codifying.

 

[Demandred]

interestingly, if i remember correctly, the NSW Crimes Act does not have a doli incapax provision...

Hey Frigid, can't NSW simply go through the common law system?

 

[Frigid]

if Wolfowitz is right, then probably some other piece of legislation applies.

the problem with applying common law is that we would have to borrow from other jurisdictions and stuff. the whole 'better made by a responsible and representative parliament' argument.

 

[Demandred]

responsible and representative parliament

lol

 

[Frigid]

you know what i mean. public/administrative law stuff etcetc

 

[ManlyChief]

I thought the doli incapax rule had been pretty much settled by parliament: under the Children (Criminal Proceedings) Act 1987 (NSW).

s. 5: "It shall be conclusively presumed that no child who is under the age of 10 years can be guilty of an offence."

 

[Wolfowitz]

*cough*
Frigid; PWNED.

 

[Frigid]

*cough*
Frigid; PWNED.

never said i was infallible.