Friday, October 19, 2012

R v JTB case brief

[2009] UKHL 20

Defence – doli incapax – whether the defense is ever available to children aged between 10 and 14.

Section 34 of the Crime and Disorder Act 1998 abolished the rebuttable presumption of criminal law that a child aged 10 or over is incapable of committing a criminal offense.

-Here, the question for the House of Lords, when faced with a child aged 12 who had pleaded guilty to causing or inciting a child under 13 to engage in sexual activity, was whether section 34 had abolished the defence of doli incapax altogether in the case of a child aged between 10 and 14 years, or merely to abolish the presumption that the child had that defence, leaving it open to the child to prove that he was doli incapax.

-The House of Lords held that the defense of doli incapax, and not merely the presumption, had been abolished completely by section 34 of the Crime and Disorder Act 1998.

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