Children’s Criminal Proceedings Act 1987

Consider the two situations…

24 year old male 13 year old male

The Five categories

Homicide Manslaughter Murder Manufacture or sale of firearms Assault Sexual Assault

Doli Incapex (childs presumption of innocence)

States that:no child between the ages of ten and fourteen are held criminally responsible for their action unless the prosecution can prove that the accused acted with:

Intentand

Understood the consequences of their actions

R V LMW

Victim: Corey Davis; six years old. Facts: accused thrown into a river, unable to swim and

drowned. Issue: Did the accused aged ten with a learning disability,

understand the possible consequences of his actions? Decision: The state could not prove this was understood and

therefore, no conviction. Effective? – provides justice for the individual (accused) as they

had a learning disability and were protected by doli incapex Efficient? – highlights the imbalance of the act; a life was lost

which no one was held responsible for

Amendment

Prohibits the naming of children involved in serious criminal offences

If the victim is killed, their names will be released Example : R V LMW name of accused hidden.

R V SLD

Australia’s youngest criminal – thirteen and ten months old. Facts: the accused broke into a home, abducted a four year old

(Courtney Clarke) stabbing her on the families drive way. The body was then thrown into some nearby grass, the evidence buried in a neighboring home, the blood washed from the

driveway. Accused faced a 25 year sentence. Issue : Is thirteen and nine months to young for conviction of

murder? Decision: Sentenced to twenty five years imprisonment with a

non parole period of ten years.

Daniel Owens

Facts: Upon arriving home, Daniel Owens was approached by two sixteen year olds who attempted to rob him asking for his wallet. Daniel caught unaware, was in shock and went to comply with the demand, however the two sixteen years olds acted quickly. Daniel Owens was brutally bashed to death by the two teenagers.

Decision: One of the sixteen year olds was sentenced to fourteen years and three months imprisonment, the other is waiting to be trialed.

Effective? Yes, the law was broken a sanction was enforced. Efficient? Children’s Criminal Proceedings Act enabled society to

achieve a just outcome as the accused found guilty was removed from society as he was considered a risk to the cohesion. The punishment was enforced regardless of the age of the accused, which follows the procedures of the Act.

Effectiveness and Efficiency

Justice Children who commit serious offences and found guilty are imprisoned

just as adults would be. Victims and their families are given justice through the conviction of a

juvenile offender. Fairness Regardless of age, sanctions apply All children are given the greatest chance of representation and the court

system applies ‘special policies’ (such as the explanation of everything within a courtroom) when dealing with children who commit serious offences

Children with special circumstances (in the case of R VLMW) are taken into consideration

Equity All people are equal before the law Children are dealt with equally, age bias is not a factor in considering the

outcome of the law.

Effectiveness and Efficiency

Efficiency

Deals only with children aged between ten and eighteen Deals only with children who commit serious criminal offences Delegates less serious criminal offences to other authoritative bodies

such as the Police who delegate warnings and cautions The act has a lower recidivism rate than alternative remedies such as

cautions

Children may be young, but they are not always innocent…