RP v The Queen [2016] HCA 53

RP v The Queen [2016] HCA 53

The prosecution did not adduce sufficient evidence to prove beyond reasonable doubt that the appellant, by reason of his intellectual limitations and absent further evidence of his moral development, understood that his conduct in counts 2 and 3 was seriously wrong in a moral sense; the presumption of doli incapax was not rebutted.

Parties
Appellant: RP; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
21 December 2016
Procedural Posture
Criminal Appeal / Final Appeal From the Court of Criminal Appeal of the Supreme Court of New South Wales
Outcome
Appeal allowed; convictions quashed; verdicts of acquittal entered on counts 2 and 3.
Legal Topics
Doli Incapax, Criminal Responsibility of Children, Sexual Offences, Presumption of Capacity, Moral Wrongness
Criminal Law Doli Incapax Criminal Responsibility of Children Sexual Offences Presumption of Capacity Moral Wrongness

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Parties

RP

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Final Appeal From the Court of Criminal Appeal of the Supreme Court of New South Wales

Legal Issues

  1. 1 Whether the presumption of doli incapax was rebutted in relation to counts 2 and 3
  2. 2 Whether evidence established beyond reasonable doubt that the appellant understood the moral wrongness of his acts

Ratio Decidendi

The prosecution did not adduce sufficient evidence to prove beyond reasonable doubt that the appellant, by reason of his intellectual limitations and absent further evidence of his moral development, understood that his conduct in counts 2 and 3 was seriously wrong in a moral sense; the presumption of doli incapax was not rebutted.

Court Disposition

Appeal allowed; convictions quashed; verdicts of acquittal entered on counts 2 and 3.

Orders

  • Set aside orders 4, 5 and 6 of the Court of Criminal Appeal of the Supreme Court of New South Wales made on 26 August 2015.
  • Appeal allowed with respect to counts 2 and 3.