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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.

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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

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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.