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The Guardian - AU
The Guardian - AU
National
Daisy Dumas and Jordyn Beazley

NSW to review law that presumes children under 14 are incapable of evil

NSW Children’s Court in Sydney
NSW attorney general Michael Daley has announced a review into doli incapax, Latin for ‘incapable of evil’. Photograph: Blake Sharp-Wiggins/The Guardian

A centuries-old legal presumption that children aged between 10 and 14 don’t understand the difference between right and wrong is to be reviewed after New South Wales youth criminal conviction rates tumbled fivefold.

The NSW attorney general’s office said the review will consider how the principle of doli incapax – Latin for “incapable of evil” – is applied in criminal proceedings, its impact on intervention, possible improvements and a framework for legislation.

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