NSW to review law that presumes children under 14 are incapable of evil
After a 2016 high court ruling, the conviction rates of children aged 10 to 13 have plummeted in NSW, report finds
In 2016, a high court ruling clarified doli incapax, resulting in prosecutors needing to prove the child understood they were seriously wrong when committing a crime. Since then, conviction rates of children aged 10 to 13 have plummeted.
A NSW Bureau of Crime Statistics and Research (Bocsar) report found the proportion of 10- to 13-year-olds with a proven outcome – guilty or not guilty – in the NSW children’s court tumbled from 76% in 2015-16 to 16% in 2022-23.
The prosecution withdrew charges in more than half of all cases in 2022-23, with similar patterns in Victoria and South Australia.
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https://www.theguardian.com/australia-news/2025/may/08/doli-incapax-nsw-review-law-child-criminal