Doli incapax - incapable of crime

Students should read pages 196 - 198 of 'Criminal Law' by Diana Roe (2nd edition).

In particular, they should produce case notes on C (a minor) v DPP [1996], A v DPP [1997] and DPP v K & B [1997].

ïNote how three categories have recently changed - as a result of s34 Crime & Disorder Act 1998 ñ into two.
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        (1) Below 10 - doli incapax - s50 Children and Young Persons Act 1933 as amended.

        (2) Aged 10-14 - now held to be criminally liable for their actions. They are now treated the same as anyone over 14 - i.e. considered to be responsible for their  actions.

 

 

 

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Note the case of DPP v K & B [1997] where two girls (11 and 14) had kidnapped and - inter alia - helped procure the rape of a girl (14). The boy who committed the actus reus of rape could not be found - but the girls were present when it took place and had desired it to happen - hence guilty.