R v RB [2022] NSWDC 315

R v RB [2022] NSWDC 315

The Court was not satisfied beyond reasonable doubt that the accused, given his age, upbringing, absence of convincing evidence of moral understanding, and equivocal conduct surrounding the alleged offence, knew his behaviour was morally wrong as distinct from naughty or mischievous. The presumption of doli incapax was therefore not rebutted.

Parties
Prosecution: Regina; Accused: RB (a pseudonym)
Jurisdiction
Australia
Judgment Date
05 August 2022
Procedural Posture
Criminal / Preliminary Finding on Presumption of Doli Incapax
Outcome
Presumption of doli incapax not rebutted; finding for the accused.
Legal Topics
Doli Incapax, Historical Sexual Offending, Capacity of Child Offenders, Standard of Proof, Home Environment Relevance
Criminal Law Children's Law Doli Incapax Historical Sexual Offending Capacity of Child Offenders Standard of Proof Home Environment Relevance

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Parties

Regina

Prosecution

RB (a pseudonym)

Accused

Procedural Posture

Criminal / Preliminary Finding on Presumption of Doli Incapax

Legal Issues

  1. 1 Has the Crown rebutted the presumption of doli incapax beyond reasonable doubt for the accused, who was aged between 13 years 4 months and 14 years 10 months at time of alleged offence?

Ratio Decidendi

The Court was not satisfied beyond reasonable doubt that the accused, given his age, upbringing, absence of convincing evidence of moral understanding, and equivocal conduct surrounding the alleged offence, knew his behaviour was morally wrong as distinct from naughty or mischievous. The presumption of doli incapax was therefore not rebutted.

Court Disposition

Presumption of doli incapax not rebutted; finding for the accused.

Orders

  • Crown has failed to rebut the presumption of doli incapax beyond reasonable doubt.