A child's capacity to commit crime: examining the operation of Doli Incapax in Victoria (Australia) Fitz-Gibbon, Kate and O'Brien, Wendy 2019, A child's capacity to commit crime: examining the operation of Doli Incapax in Victoria (Australia), International journal For crime, justice and social democracy, vol. 8, no. 1, pp. 18-33, doi: 10.5204/ijcjsd.v8i1.1047. Attached Files Name Description MIMEType Size Downloads Title A child's capacity to commit crime: examining the operation of Doli Incapax in Victoria (Australia) Author(s) Fitz-Gibbon, Kate O'Brien, Wendy Journal name International journal For crime, justice and social democracy Volume number 8 Issue number 1 Start page 18 End page 33 Total pages 16 Publisher Queensland University of Technology Place of publication Brisbane, Qld. Publication date 2019 ISSN 2201-2966 2202-8005 Keyword(s) Child offenders doli incapax youth justice system law reform Social Sciences Criminology & Penology Summary The rebuttable presumption of doli incapax is available in all Australian states and territories and provides that, where a child is unable to comprehend the distinction between actions that are ‘seriously wrong’ and those that are ‘naughty or mischievous’, they cannot be held criminally responsible for their actions. Despite the key role that doli incapax should play in diverting the youngest offenders away from the criminal justice system, its operation to date has been largely unexamined. This article seeks to directly address this gap. Drawing on the experiences of those involved in all aspects of the youth justice system, this article examines the need for, and the effectiveness of, the presumption of doli incapax in Victoria, Australia. Revealing inconsistencies in the use of the presumption, the article also examines the need for future reform of this area of law. Language eng DOI 10.5204/ijcjsd.v8i1.1047 Indigenous content off Field of Research 1602 Criminology 1608 Sociology 1801 Law HERDC Research category C1 Refereed article in a scholarly journal Free to Read? Yes Persistent URL http://hdl.handle.net/10536/DRO/DU:30147597 Document type: Journal Article Collections: Faculty of Arts and Education School of Humanities and Social Sciences Open Access Collection Related Links Link Description Link to full-text (open-access) Go to link with your DU access privileges     Unless expressly stated otherwise, the copyright for items in DRO is owned by the author, with all rights reserved. Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au. Versions Version Filter Type Wed, 27 Jan 2021, 07:08:45 EST Thu, 28 Jan 2021, 04:01:15 EST Thu, 28 Jan 2021, 05:04:18 EST Thu, 28 Jan 2021, 07:55:24 EST Fri, 05 Feb 2021, 05:04:19 EST Fri, 05 Feb 2021, 14:47:56 EST Mon, 01 Mar 2021, 11:35:38 EST Mon, 01 Mar 2021, 11:37:20 EST Filtered Full Citation counts:   Cited 3 times in TR Web of Science Cited 0 times in Scopus Search Google Scholar Access Statistics: 26 Abstract Views, 2 File Downloads  -  Detailed Statistics Created: Wed, 27 Jan 2021, 07:08:45 EST

Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.