8 Marker

Question 1

Pro 1

Answer 1

The doli incapax principle treats children differently. In the Children’s (Criminal Proceedings) Act 1987 (NSW), it states that a child under 10 can not be charged with an offence. Between the ages of 10-14, the prosecution have to rebut the presumption that
the child is incapable of criminal intent (mens rea)

Question 2

Pro 2

Answer 2

The Young Offenders Act 1997 (NSW) contains a range of alternative methods
to court proceedings, such as warnings, cautions and youth justice
conferences. The aim is to divert young people from the criminal justice system
and assist children to accept responsibility for offences.

Question 3

Con 1

Answer 3

In a UN report in 2007 it advised that, “a minimum age of criminal responsibility below the age of 12 years is considered by the committee not to be internationally acceptable”.

Question 4

Con 2

Answer 4

Australia’s currently low MACR disproportionately impacts ASTI youth. This
presents issues of inequality. Indigenous children make up less than 6 percent of the population of 10-17 year-olds, but comprise 58 per cent of young Australians in detention, according to data from Amnesty International.