2.2 Children & Young People - Resolving Disputes Between Children and the State Flashcards
what does the Children’s (Criminal Proceedings) Act 1987 (NSW) specify?
the minimum age of criminal responsibility in NSW → “it shall be conclusively presumed that no child under the age of 10 years can be guilty of a criminal offence” → presumed doli incapax
what does doli incapax mean?
those under the MACR are presumed incapable of forming the intention to commit a criminal offence
describe the process of finding a child between the ages of 10-14 guilty of an offence.
a child between 10-14 may be found guilty of an offence, however, it is necessary for the prosecution to rebut the notion of doli incapax, and prove beyond reasonable doubt, that the child knew, when committing the offence, that it was seriously wrong
describe the process of finding a child between the ages of 14-17 guilty of an offence.
they are held fully responsible for their actions unless significant mitigating circumstances apply
what case study relates to the minimum age of criminal responsibility (MACR)?
R v LMW (1999)
what offence did LMW commit?
defendant (LMW), pushed victim, Corey Davis, into the river on 2 March 1998
what did the Prosecutor (Greg Smith QC) claim?
claimed the young boy knew what he was doing and understood the consequences of his actions when he pushed Corey Davis, as well as had an underlying violent streak
what was LMW charged with, and what was significant about this?
charged with manslaughter (25 years max.) → First child case to be held at the Supreme Court & to carry this charge
what did the prosecution need to prove?
that LMW knew the consequences of his actions, as, being 10 years old, he was supposedly capable of ‘forming criminal intent’
what did the Supreme Court (and jury) find (and support) in the R v LMW case?
found that the boy (LMW) was not guilty of manslaughter. the jury supported the defence’s argument that the crime was ‘an act of bullying that went wrong’
who were the two witnesses to the LMW offence, and how old were they?
11-year-old girl (GW1), and 6-year-old boy (BW2)
how old was LMW at the time of the offence?
10 at the time of the incident, and 11 during the trial
what is the average MACR worldwide?
12.1 years (YouthPolicy.org, 2016) → AUS fall’s below this, however matches with parts of the UK and the US
what are some reasons AGAINST raising the minimum age of criminal responsibility in NSW?
there are actual kids capable of committing crimes (“‘I’ve seen kid killers’: Former homicide boss … against raising the age of criminal responsibility…” 9 News, 2023); raising the age will not deter acts of crime (Queensland Attorney-General Shannon Fentiman: “Simply changing the criminal law does not reflect the complexity underlying youth offending and why children as young as ten years old commit these offences.”)
what are some reasons FOR raising the minimum age of criminal responsibility in NSW?
to meet international standards set by the United Nations (“Australia must raise the age of criminal responsibility…” The Canberra Times, 2023); to reduce the amounts of youths in the prison system (“Children in detention in Australia during 2018-19” Australian Institute of Health & Welfare, 2020)
