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.

Brendan Wilkinson
0438 670 198

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