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RP v The Queen

[2016] HCA 53
Case number
S193/2016
Before
Kiefel, Bell, Gageler, Keane, Gordon JJ
Catchwords

Criminal law – Criminal liability and capacity – Doli incapax – Where appellant convicted of two counts of sexual intercourse with child under 10 years – Where appellant approximately 11 years and six months at time of offending – Where appellant found to be of very low intelligence – Whether presumption of doli incapax rebutted.

Words and phrases – "doli incapax", "knowledge of the moral wrongness of the act", "merely naughty or mischievous", "morally wrong", "seriously wrong".

Children (Criminal Proceedings) Act 1987 (NSW) – s 5.

Crimes Act 1900 (NSW) – s 66A(1).

Files
53.rtf (180.57 KB)
53.pdf (147.65 KB)