A recent case involving a 12-year-old accused of a two-day crime spree has reignited debate over the ancient legal doctrine of doli incapax — the presumption that children aged 10 to under 14 may be incapable of criminal responsibility unless the prosecution proves they understood their actions were seriously wrong.
The case raises difficult questions about whether a medieval common law principle still serves today’s community, victims, courts, and children themselves.
The full article argues that simply allowing a young offender to walk from court without meaningful intervention risks failing everyone: the child, their parents, victims, police, and the broader community. It calls for urgent reform, clearer legislative responsibility, stronger parental accountability, and genuine support mechanisms for children already involved in crime.
Read the full story on our website to understand why this issue demands immediate public and political attention.
Go to https://caainc.org.au/