Doli Incapax Under Threat

(1994) 53 Cambridge Law Journal at 426

3 Pages Posted: 7 Feb 2014

See all articles by A. T. H. Smith

A. T. H. Smith

Victoria University of Wellington, Te Herenga Waka - Faculty of Law; University of Cambridge

Date Written: 1994

Abstract

The decision in C v DPP changed the presumption that a young person aged between ten and fourteen cannot be convicted of a criminal offence unless awareness of serious wrongdoing can be proved. This article addresses whether the strong criticism of the presumption is valid, concluding overall that the criticism is too harsh. There is also an issue of whether it is the role of the court to confront these types of issues, or whether they are best left to Parliament. Abstract by Rose Goss.

Keywords: Doli Incapax, presumption, C v DPP, restrospective

JEL Classification: K1, K14

Suggested Citation

Smith, A. T. H., Doli Incapax Under Threat (1994). (1994) 53 Cambridge Law Journal at 426, Available at SSRN: https://ssrn.com/abstract=2391037

A. T. H. Smith (Contact Author)

Victoria University of Wellington, Te Herenga Waka - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

University of Cambridge ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

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