Discuss the issues surrounding the age of criminal responsibility
The law recognises a different level of responsibility and vulnerability for children and young people. The system applies a higher level of protection and assistance for young offenders. Common law has developed the presumption that infants were incapable of forming the necessary criminal intent to commit a crime which is known as Doli Incapax. In Australia the lowest age at which someone can be charged with a crime is 10 with our commitment to the Convention on the Rights of child. Common law dictates that committing a crime and being charged often involves a prohibited act and having a mens rea or guilty mind and awareness that what you are doing is criminal, but determining the age at which a child can comprehend the difference between right or wrong divides opinion.
Australia is investigating into potentially raising the minimum age of criminal responsibility from 10 to 16 as they were recently criticised by the UN committee on the rights of the child saying they have failed to revaluate the age. Arguments for retaining the age of 10 is the example of the James Bulger case where two 10-year old boys abused and murdered 2-year-old James Bulger, and at the time the MACR in England was 10 so they both were convicted to 8 years of imprisonment in an adult court. Some would argue that a 10-year-old isnt capable of understanding the meaning of death, whereas others say a crime such as brutal as this it shouldnt matter what age. Another case example is the case of a 10-year-old boy LMW, was charged with the manslaughter of six-year-old Corey Davis. Corey Davis drowned on 2 March 1998, after the accused dropped him into the Georges River, knowing that he was unable to swim. However, the boy walked free af...
