InfoCommons

DOLI INCAPAX

Posted in Uncategorized by coda on May 1, 2009
  • tags: consent

    • S 34 of the Crime and Disorder Act 1998 abolished the defence as well as the presumption of doli incapax.

      The House of Lords so held in dismissing an appeal by the defendant, JTB, from the Court of Appeal (Criminal Division) (Latham LJ, V-P, Forbes J and Sir Richard Curtis) (sub nom R v T) [2008] 3 WLR 923, which had dismissed his appeal against conviction at Worcester Crown Court (Judge McCreath).
      LORD PHILLIPS OF WORTH MATRAVERS said that the defendant had pleaded guilty to 12 counts of offences contrary to s 13(1) of the Sexual Offences Act 2003. He had been 12 at the time of the offences. He had said in interview that he had not thought that what he was doing was wrong. The judge had ruled that a defence of doli incapax was not open to him. The issue on appeal was whether s 34 of the Crime and Disorder Act 1998 had abolished the defence of doli incapax in the case of a child between 10 and 14 or merely abolished the rebuttable presumption. In his Lordship’s view, in using the language of s 34 Parliament had intended to abolish both. Ministerial statements in Parliament made that quite clear. The judge and the Court of Appeal had correctly held that s 34 had abolished the defence of doli incapax.

      LORD RODGER, LORD CARSWELL, LORD BROWN and LORD MANCE agreed.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: