Police v CO [2020] NSWChC 8

Police v CO [2020] NSWChC 8

The prosecution failed to adduce evidence, strong and clear beyond reasonable doubt, that the Young Person understood the moral wrongfulness of her actions; neither the warning nor the CCTV footage sufficed to rebut the presumption of doli incapax as set out in RP v The Queen. Senior Constable Young's statement was not excluded under s.66 Young Offenders Act, s.138 or s.137 Evidence Act; however, it was insufficient to prove guilty knowledge to the relevant standard.

Jurisdiction
Australia
Judgment Date
13 November 2020
Procedural Posture
Criminal / Defended Hearing
Outcome
charges dismissed
Legal Topics
['doli Incapax' 'admissibility of Evidence' 'statutory Interpretation' 'warnings Under Young Offenders Act']
['criminal Law' 'juvenile Justice'] ['doli Incapax' 'admissibility of Evidence' 'statutory Interpretation' 'warnings Under Young Offenders Act']

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Procedural Posture

Criminal / Defended Hearing

Legal Issues

  1. 1 ['Whether the presumption of doli incapax has been rebutted beyond reasonable doubt' "Whether Senior Constable Young's statement about a prior warning is admissible given s.66 Young Offenders Act 1997 and s.138 Evidence Act 1995" 'Whether s.137 Evidence Act 1995 requires exclusion of the statement for unfair prejudice']

Ratio Decidendi

The prosecution failed to adduce evidence, strong and clear beyond reasonable doubt, that the Young Person understood the moral wrongfulness of her actions; neither the warning nor the CCTV footage sufficed to rebut the presumption of doli incapax as set out in RP v The Queen. Senior Constable Young's statement was not excluded under s.66 Young Offenders Act, s.138 or s.137 Evidence Act; however, it was insufficient to prove guilty knowledge to the relevant standard.

Court Disposition

charges dismissed

Orders

  • ['All five charges of larceny against the Young Person are dismissed.']