Crime ? Children, offences by ? Children between ages of 10 and 14 ? Presumption of doli incapax abolished ? Whether concept of doli incapax surviving abolition of presumption ? Whether child aged 12 entitled to raise defence that he lacked capacity to know that acts charged were wrong ? Crime and Disorder Act 1998, s 34 R v JTB (on appeal from R v T) [2009] UKHL 20; [2009] WLR(D) 140 HL(E): Lord Phillips of Worth Matravers, Lord Rodger of Earlsferry, Lord Carswell, Lord Brown of Eaton-under Heywood and Lord Mance: 29 April 2009 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 RODGER, LORD CARSWELL, LORD BROWN and LORD MANCE agreed. |
Appearances: Peter Blair QC and Kerry Barker (Sharpe Pritchard for Coulson Read Lewis, Hereford) for the defendant; David Perry QC and Gareth Patterson (Crown Prosecution Service, Special Crime Division) for the Crown. |
Reported by: Michael Gardner, barrister |