Thursday, 8 May 2025
Member for Northern Tablelands Brendan Moylan has welcomed news doli incapax in NSW is set for review.
Doli incapax is a common law legal presumption that children between the ages of 10 and 14 do not sufficiently understand the difference between right and wrong and therefore cannot be held criminally responsible in NSW.
It means the police prosecution is required to prove beyond reasonable doubt that the child, at the time of doing the act, knew it was seriously wrong as a matter of morality, or according to the ordinary principles of reasonable persons and not merely naughty or mischievous.
NSW Attorney General Michael Daley announced on Tuesday a review into doli incapax would be conducted by former Supreme Court Justice, the Honourable Geoffrey Bellew SC, and former NSW Police Deputy Commissioner, Mr Jeffrey Loy.
The review comes after the NSW Bureau of Crime Statistics and Research (BOCSAR) released a report which found there’s been a significant decline in the number of people aged 10 to 13-years-old found guilty after they are charged with a criminal offence.
Mr Moylan has been urging the NSW Government to conduct a review into doli incapax laws since joining Parliament in 2024 to ensure the community is protected but also to ensure young offenders are not simply released by the Courts without any intervention or assistance to stop them sliding into a cycle of crime.
“Our communities in regional and rural NSW are exhausted by serious crimes committed by young people,” Mr Moylan said.
“The continual reliance by offenders on the doctrine of doli incapax hurts our communities, frustrates our police, and ultimately hurts young offenders as it contributes to a continuous cycle of reoffending.
“The review into doli incapax has been a long-time coming and is a constructive step to address the ongoing issue of youth crime.
“Hopefully it leads to meaningful reform to keep our communities safe and to stop the cycle of young people re-offending.”
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