Criminal responsibility of minors in Australia

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

Abstract

This chapter explores the age of criminal responsibility in Australia. It begins by explaining the importance of the age of criminal responsibility as a gateway to the criminal justice system. It then traces the historical developments that led to all Australian jurisdictions having a minimum age of criminal responsibility of 10 and a rebuttable presumption of doli incapax operating from the age of 10 until the child’s fourteenth birthday. It then examines recent debates in Australia about whether the age of criminal responsibility and rebuttable presumption of doli incapax should be changed, including the recommendation by the United Nations Committee on the Rights of the Child that all states should adopt a minimum age of criminal responsibility of at least 12, but preferably higher. The article concludes by arguing that unless the minimum age of criminal responsibility to 14 or 16 there are good reasons to retain the presumption of doli incapax.
Translated title of the contributionCriminal responsibility of minors in Australia
Original languageGerman
Title of host publicationFestschrift fur Gerhard Wolf
EditorsThomas Bode, Martin Mrosk, Nikolaus Wrage
Place of PublicationBerlin, Bern, Bruxelles, New York, Oxford, Warszawa, Wien
PublisherPeter Lang
Pages101-123
Number of pages24
ISBN (Electronic)9783631780213, 9783631780206
ISBN (Print)9783631772737
DOIs
Publication statusPublished - 1 Jan 2018
Externally publishedYes

Fingerprint Dive into the research topics of 'Criminal responsibility of minors in Australia'. Together they form a unique fingerprint.

Cite this