Contemporary Issues of Criminal Responsibility

doli inxapax definition

if you are under 14, the prosecution must rebut that the conduct was known to be wrong

arguments against doli incapax

leads to children being arrested before being tested, leading to lasting harm from exposure to the criminal system, and in turn, entrenching criminal behaviour

legislation to raise the age of criminal responsibility examples

NT raised the age to 12 in 2022, VIC raised the age to 12 in 2024

Ezra’s crime

arrested for stealing in June 2021 on strict bail conditions

information about Ezra (personal)

11 years old from Melbourne (Ezra is a pseydonym)

Ezra’s experience with authorities

held in isolated custody until midnight in a detention centre and refused bail and was distressed

outcome of Ezra’s case

charges dropped due to doli incapax