Advocates warn more children will be “churned through the system” as New South Wales moves to change laws governing the centuries-old principle of doli incapax.
On Tuesday, Attorney General Michael Daley responded to last month’s review of doli incapax — the principle, meaning “incapable of wrong”, that presumes children aged 10 to 14 cannot form criminal intent — by codifying it in legislation, a long-standing demand of Indigenous and legal groups.
However, he also introduced changes that the government says will make it easier for prosecutors to rebut the presumption in court.
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In response, Justice and Equity Centre CEO Jonathon Hunyor said if the legislation passes, “it will mean more children are churned through the system — including being sentenced to jail time”.
“We know this does not reduce crime or make communities safer. Instead, it sets kids on the path to future offending,” he said.
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Mr Hunyor said NSW already incarcerates children as young as ten, which is “too young”. He argued the government “needs to get serious about real solutions”.
“They need to raise the age of criminal responsibility to at least 14 and invest in programs and services in the community that address causes of offending,” Mr Hunyor said.
