Deemed incapable of forming the intent to commit a crime or tort, especially by reason of age (under ten years old).
- A child under ten is said to be doli incapax, that is, incapable of crime.
- At common law the presumption of doli incapax applied to children under 14, requiring the prosecution to establish that the child knew that the behaviour was seriously wrong before the case could go ahead.
- So what's their position on whether or not doli incapax protects children or in fact is sometimes prejudicial to their rights?
Latin, literally 'incapable of evil'.
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