How Old Do You Have to Be Guilty of a Criminal Offence in Victoria – Doli Incapax
I often get asked: Can a child be guilty of committing a criminal offence?
If a person is under the age of 14 at the time an act was committed, it will be necessary for a court to be satisfied beyond a reasonable doubt as part of the mental element of the offence that the child knew that the act or acts were seriously wrong.
The standard is beyond a reasonable doubt, and has nothing to do with insanity or mental impairment, where the burdens lie on the accused.
The burden of proof lies on the prosecution.
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