The Attorney General's Department initiated a review of the doli incapax and the age of criminal responsibility in response to the case. |
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So what's their position on whether or not doli incapax protects children or in fact is sometimes prejudicial to their rights? |
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Thus, while the doli incapax defence afforded certain protections to children, it could not be applied in every case. |
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A child under ten is said to be doli incapax, that is, incapable of crime. |
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Common law presumes children below the age of seven years to be incapable of committing a crime as, legally, they are doli incapax and thus cannot form the intention, which the law requires for the commission of a crime. |
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Mainly due to Doli Incapax findings, the conviction rate for sexually abusive youth aged between 10 and 14 years was extremely low. |
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