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

Level 4 116 Hardware St

Melbourne VIC 3000

9670 1987 0438 670 198