R v GW [2015] NSWDC 52

R v GW [2015] NSWDC 52

Although previous findings of guilt can be used to rebut doli incapax, the bail report tendered in the Children's Court was not itself a compliant record of findings of guilt and was not proved by a certificate under s 178 of the Evidence Act, 1995. Even if it were a business record, there was no accompanying affidavit or statement satisfying s 171. Once that evidence was excluded, there was no evidence by which the prosecution could rebut doli incapax to the criminal standard, so the appeal had to be upheld and the finding of guilt and consequential orders quashed.

Jurisdiction
Australia
Judgment Date
05 March 2015
Procedural Posture
Criminal Appeal From Children's Court Finding of Guilt / District Court Appeal Against Finding of Guilt
Outcome
Appeal upheld. Finding of guilt and any consequential orders quashed.
Legal Topics
['doli Incapax' 'rebuttable Presumption for Children Aged Between 10 and 14' 'admissibility of Previous Findings of Guilt' 'admissibility of Bail Report' 'graffiti Offence']
['criminal Law' 'evidence' "children's Criminal Proceedings"] ['doli Incapax' 'rebuttable Presumption for Children Aged Between 10 and 14' 'admissibility of Previous Findings of Guilt' 'admissibility of Bail Report' 'graffiti Offence']

Case Brief

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Procedural Posture

Criminal Appeal From Children's Court Finding of Guilt / District Court Appeal Against Finding of Guilt

Legal Issues

  1. 1 ['Whether the prosecution rebutted the presumption of doli incapax beyond reasonable doubt.' 'Whether a bail report was admissible to prove previous findings of guilt or court history for the purpose of rebutting doli incapax.' 'Whether the finding of guilt for defacing a wooden bench with a graffiti item contrary to s 4(1) of the Graffiti Control Act, 2008 should be quashed.']

Ratio Decidendi

Although previous findings of guilt can be used to rebut doli incapax, the bail report tendered in the Children's Court was not itself a compliant record of findings of guilt and was not proved by a certificate under s 178 of the Evidence Act, 1995. Even if it were a business record, there was no accompanying affidavit or statement satisfying s 171. Once that evidence was excluded, there was no evidence by which the prosecution could rebut doli incapax to the criminal standard, so the appeal had to be upheld and the finding of guilt and consequential orders quashed.

Court Disposition

Appeal upheld. Finding of guilt and any consequential orders quashed.

Orders

  • ['The appeal is upheld.' 'The finding of guilt and any consequential orders are quashed.']