Doli Incapax and what it means for kids

Doli incapax is Latin for "incapable of evil" and stems from the legal notion that humans can be too young to understand what they are doing is wrong when they commit a crime.

Children under ten cannot be found guilty of an offence

In Australia children ten years old and younger cannot be found guilty of an offence, as they are under the minimum age of criminal responsibility.

Children aged ten to 14 have the common law presumption of doli incapax – that they are incapable of committing a criminal act. This can only be rebutted if the prosecution can show that the accused child was able to distinguish between right and wrong at the relevant time.

The NSW Young Offenders Act 1997 sets out procedures such as youth justice conferences, cautions and warnings as a preferred way to deal with children over ten who commit offences.