R v T

R v T

Section 34 of the Crime and Disorder Act 1998 abolished both the presumption and the common law doctrine of doli incapax for children aged 10 or over. Parliament intended to remove the doctrine entirely, and it no longer forms part of the law for children in this age group.

Parties
Prosecution: R; Appellant: T
Jurisdiction
England and Wales
Judgment Date
16 April 2008
Procedural Posture
Criminal Appeal / Appeal From Crown Court Conviction and Sentence
Outcome
Appeal dismissed
Legal Topics
Doli Incapax, Criminal Responsibility of Children, Statutory Interpretation
Criminal Law Doli Incapax Criminal Responsibility of Children Statutory Interpretation

Case Brief

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Parties

R

Prosecution

T

Appellant

Procedural Posture

Criminal Appeal / Appeal From Crown Court Conviction and Sentence

Legal Issues

  1. 1 Whether section 34 of the Crime and Disorder Act 1998 abolished the common law defence of doli incapax for children aged 10 or over
  2. 2 Whether the appellant could raise the issue of his capacity to know his acts were wrong

Ratio Decidendi

Section 34 of the Crime and Disorder Act 1998 abolished both the presumption and the common law doctrine of doli incapax for children aged 10 or over. Parliament intended to remove the doctrine entirely, and it no longer forms part of the law for children in this age group.

Court Disposition

Appeal dismissed

Orders

  • Appeal is dismissed.