Age of criminal responsibility in Australia

The age of criminal responsibility in Australia is the age below which a child is deemed incapable of having committed a criminal offence. In legal terms, it is referred to as a defense of infancy.

All States of Australia have adopted a uniform age of criminal responsibility.

Doli incapax refers to a presumption that a child is "incapable of crime" under legislation or common law. Or rather, the presumption that a child cannot form mens rea as they do not yet have a sufficient understanding between "right and wrong". In the context of Australian law, doli incapax acts as a rebuttable presumption for children aged at least 10 but less than 14.

Ages of criminal responsibility by jurisdiction

Jurisdiction	Cannot be charged with a criminal offence	Doli incapax acts as a rebuttable presumption	Age in adult court	Reference
Commonwealth	Under 10	10 to under 14	18	Crimes Act 1914, s4M Criminal Code Act 1995, s7.1; Crimes Act 1914, s4N Criminal Code Act 1995, s7.2
Australian Capital Territory	Under 10	10 to under 14	18	Criminal Code 2002, s25 Criminal Code 2002, s26; Children and Young People Act 1999, Part 1.3 ss7 and 8, and s69
New South Wales	Under 10	10 to under 14	18	Children (Criminal Proceedings) Act 1987, s5; Common law: doli incapax; Children (Criminal Proceedings) Act 1987, s3
Northern Territory	Under 10	10 to under 14	18	Criminal Code Act, s38(1), s38(2); Juvenile Justice Act, s3
Queensland	Under 10	10 to under 14	17	Criminal Code Act 1899, s29(1); Criminal Code Act 1899, s29(2); Juvenile Justice Act 1992, Schedule 4
South Australia	Under 10	10 to under 14	18	Young Offenders Act 1993, s5; Common law doli incapax; Young Offenders Act 1993, s4;
Tasmania	Under 10	10 to under 14	18	Criminal Code Act 1924, s18(1); Criminal Code Act 1924, s18(2); Youth Justice Act 1997, s3
Victoria	Under 10	10 to under 14	18	Children Youth and Families Act 2005, s344
Western Australia	Under 10	10 to under 14	18	Criminal Code Act Compilation Act 1913, s29; Criminal Code Act Compilation Act 1913, s29; Young Offenders Act 1994, s3

Notes

• R v LMW [1999] NSWSC 1109, 17 November 1999
• Australian governemtn guide

See also

• Defense of infancy

External links

• Recent doli incapax case, NSW Supreme Court