CYP ESSAY EVIDENCE

At what ages can Doli incapax be used as a rebuttal argument in court?

For ages 10-14.

What does Section 5 of the Children (Criminal Proceedings) Act 1987 state?

No children under age 10 can be guilty of an offence.

What was the significance of the RP v Queen (2016) case?

It established that the prosecution must rebut the presumption of Doli incapax, proving the child appreciated the moral wrongness of the alleged offence.

What was the outcome of the Bronson Blessington case?

Blessington was subjected to retroactive legislation preventing his release unless he is near death or profoundly incapacitated.

What international treaty did the UN rule Australia violated in the Blessington case?

The Convention on the Rights of the Child (CROC).

What does Article 37 of CROC state regarding detention of children?

Detention should only be used as a last resort.

What is the purpose of Youth Justice Conferences under the Young Offenders Act 1997?

To divert young offenders from the court system through restorative justice.

What does the Young Offenders Act 1997 aim to achieve?

It aims to address the behavior of young offenders in a holistic manner.

What did Dr. Don Weatherburn state about the effectiveness of the conference regime?

It is currently no more effective than the NSW children's court in reducing juvenile re-offending.

What is the Youth Koori Court designed to do?

Reduce the number of Aboriginal and Torres Strait Islander children in custody and help them reconnect with family, community, and culture.

What legislation established the Youth Koori Court?

Established under practice note 11 and allowed under Section 33 (C2) of the Children (Criminal Proceedings) Act 1987.

What were the results of John's participation in the Youth Koori Court? (R V john 2023)

He remained offence-free and completed his action plan after 8 months.

What was the outcome for Thomas after participating in the Youth Koori Court? (R v thomas 2023)

He had no recent offending and secured a job.

What percentage of young people brought to court by police are Indigenous according to BOSCAR statistics?

57%.

What percentage of young people refused bail in court are Indigenous?

70%.

What is a key feature of the Youth Koori Court's approach?

It focuses on the reasons behind offending and develops personalized plans for participants.

What type of justice approach do Youth Justice Conferences represent?

Restorative justice.

What is the main goal of the Youth Koori Court?

To help Indigenous young people get back on track and reduce recidivism.

What does the term 'rebuttal' mean in the context of Doli incapax?

It refers to the prosecution's obligation to disprove the presumption that a child is incapable of criminal intent.

What is the significance of the media coverage regarding young offenders?

It highlights societal concerns and the need for accountability and justice for victims.

YJC media evidence

This needs some kind of closure. They need to be punished, and Damien needs an apology," (Mother of boy with autism angry that teen who allegedly bashed son is not charged, ABC news, april 2022)

MACR media evidence

'New figures show NSW children are being criminalised for their disadvantage' (Jordan Beazley, ABC News, august 2024) - "we already know that early involvement in the justice system is a really strong predictor of further involvement"

R v John case context

John was entered into the court system after a number of serious offences, such as an aggravated break and enter

R v thomas case context