RP v The QueenCitation:[2016] HCA 53Before:Kiefel, Bell, Gageler, Keane, Gordon JJDate:21 Dec 2016Case Number:S193/2016Read more

RP v The QueenCitation:[2016] HCA 53Before:Kiefel, Bell, Gageler, Keane, Gordon JJDate:21 Dec 2016Case Number:S193/2016Read more

The presumption of doli incapax was not rebutted as the evidence did not establish beyond reasonable doubt that the appellant, given his age and very low intelligence, knew that his acts were seriously wrong as opposed to merely naughty or mischievous.

Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
Australia
Judgment Date
21 December 2016
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Doli Incapax, Sexual Offences Against Children, Criminal Capacity of Minors
Criminal Law Doli Incapax Sexual Offences Against Children Criminal Capacity of Minors

Case Brief

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the presumption of doli incapax was rebutted for an accused aged approximately 11 years and six months with very low intelligence
  2. 2 Whether the accused had knowledge of the moral wrongness of the act

Ratio Decidendi

The presumption of doli incapax was not rebutted as the evidence did not establish beyond reasonable doubt that the appellant, given his age and very low intelligence, knew that his acts were seriously wrong as opposed to merely naughty or mischievous.

Court Disposition

Appeal allowed

Orders

  • Conviction quashed
  • Verdict of acquittal entered