Children’s Court Flashcards
What is Doli Incapax as per S5 of the Children (Criminal Proceedings) Act?
No child under the age of 10 can be guilty of an offence
Children between 10-14 considered not capable of forming the intent to commit a crime
What is the main case law on doli incapax? What does this case law say?
RP v The Queen
“Knowledge of moral wrongness of an act or omission is to be distinguished from the child’s awareness that his or her conduct is merely naughty or mischievous”
“Evidence to prove the child’s guilty knowledge must not be their mere proof of doing the act charges, however horrifying or obviously wrong the act may be”
How can the prosecution rebut doli incapax?
Answers in interviews that show the child knew seriousness
Prior criminal history of similar acts
Any records that identify history or knowledge of similar credibility
What are the differences of the Children’s Court compared to the local court?
Two Jurisdictions - Care and Criminal
Court layout - less imposing - magistrate sits lower
Access to court is closed (in camera) as per S10
Terminology - young person
Behaviour - sit at the bar table
Every child is represented.
What matters can be heard before the Children’s Court as per S28 of the Children (Criminal Proceedings) Act?
Any offence (indictable or otherwise) other than a serious children’s indictable offence
AND
Committal proceedings in relation to serious children’s indictable offences
What is a Serious Children’s Indictable Offence as per S3 of the Children (Criminal Proceedings) Act?
- Homicide
- an offence punishable for 25 years or life
- sexual assault/intent for sexual assault
- manufacture/sale of firearms
- prescribed by regulations
When can the Children’s Court hear proceedings for adults as per S28 of the Children (Criminal Proceedings) Act?
They were a child when the offence was committed
Under the age of 21 when the charges were put before the Children’s Court
When does the Children’s Court have jurisdiction to hear traffic matters as per S28(2) of the Children (Criminal Proceedings) Act?
The offence arose out of the same set of circumstances as another offence the Children’s Court can hear
The person was not old enough to obtain a licence or permit at the time of the commission of the offence.
What is the criteria for when an admission made by child is admissible in the Children’s Court as per S13 of the Children (Criminal Proceedings) Act?
There as present through the period of time the admission was given;
- a person responsible for the child
- an adult with the consent of the person responsible
- an adult with consent of the child (if over 14)
- a barrister/solicitor of the child’s choosing
What are the sentencing principals of the Children’s Court as per S6 of the Children (Criminal Proceedings) Act?
A) same rights and freedoms as adults to be heard/participate in court
B) bear responsibilities for their actions
C) allow employment/education to be uninterrupted where possible
D) reside in own home where possible
E) penalty no greater than an adult
F) reintegration into the community
G) make reparations for this actions
H) considering given to effect of crime on victim
At what age can a child be convicted in the Children’s Court as per S14 of the Children (Criminal Proceedings) Act?
Under 16 - unable to record conviction
Over 16 - May record a conviction
