High Court of Australia

RP v The Queen [2016] HCA 53

21 Dec 2016

Case Number: S193/2016


Kiefel, Bell, Gageler, Keane, Gordon JJ


Criminal law – Criminal liability and capacity – Doli incapax – Where appellant convicted of two counts of sexual intercourse with child under 10 years – Where appellant approximately 11 years and six months at time of offending – Where appellant found to be of very low intelligence – Whether presumption of doli incapax rebutted.

Words and phrases – "doli incapax", "knowledge of the moral wrongness of the act", "merely naughty or mischievous", "morally wrong", "seriously wrong".

Children (Criminal Proceedings) Act 1987 (NSW) – s 5.

Crimes Act 1900 (NSW) – s 66A(1).
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