When should a child be held criminally responsible?: The minimum age and doli incapax

Thomas CROFTS

When should a child be held criminally responsible? The minimum age and doli incapax

School of Law

Research output: Journal Publications and Reviews › RGC 21 - Publication in refereed journal › peer-review

Abstract

• While some jurisdictions have raised the minimum age of criminal responsibility to 12 or 14, others remain at 10, creating legal inconsistencies and concerns about fairness.
• Despite these changes and an ongoing review, the rebuttable presumption that children under 14 lack criminal capacity persists, with recent High Court cases reaffirming its importance and evidentiary standards.
• This article looks at the need for clearer statutory definitions of doli incapax to ensure consistent protection for children and better alignment with developmental science and international obligations.

Original language	English
Journal	LSJ: Law Society of NSW Journal
Online published	5 Sept 2025
Publication status	Online published - 5 Sept 2025

Bibliographical note

Information for this record is supplemented by the author(s) concerned.

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N2 - • While some jurisdictions have raised the minimum age of criminal responsibility to 12 or 14, others remain at 10, creating legal inconsistencies and concerns about fairness.• Despite these changes and an ongoing review, the rebuttable presumption that children under 14 lack criminal capacity persists, with recent High Court cases reaffirming its importance and evidentiary standards.• This article looks at the need for clearer statutory definitions of doli incapax to ensure consistent protection for children and better alignment with developmental science and international obligations.

AB - • While some jurisdictions have raised the minimum age of criminal responsibility to 12 or 14, others remain at 10, creating legal inconsistencies and concerns about fairness.• Despite these changes and an ongoing review, the rebuttable presumption that children under 14 lack criminal capacity persists, with recent High Court cases reaffirming its importance and evidentiary standards.• This article looks at the need for clearer statutory definitions of doli incapax to ensure consistent protection for children and better alignment with developmental science and international obligations.

M3 - RGC 21 - Publication in refereed journal

SN - 2203-8906

JO - LSJ: Law Society of NSW Journal

JF - LSJ: Law Society of NSW Journal

ER -