HSC Legal Studies · Crime · Chapter 5 · Student worksheet
Young Offenders — Activity Materials
Print or work on screen · pairs with the Chapter 5 lesson
Activity 1 — Doli incapax: is the child criminally responsible?
Syllabus link: 5.1 age of criminal responsibility & doli incapax
For each child, state whether they are: (A) conclusively not responsible, (B) presumed doli incapax but the presumption is rebuttable, or (C) presumed to have full capacity. Then answer the final column: could the prosecution try to rebut the presumption?
| Child | A / B / C | Can the prosecution rebut? (Y/N) |
|---|
| Ava, aged 8 | | |
| Ben, aged 12 | | |
| Cleo, aged 13 | | |
| Dan, aged 15 | | |
| Evie, aged 9 | | |
What must the prosecution prove to rebut doli incapax for a 12-year-old?
Activity 2 — RP v The Queen: apply the case
Syllabus link: 5.1 doli incapax — RP v The Queen [2016] HCA 53
Read the summary, then answer the questions in the box. Use the study page if you need to.
Case summary
RP was about 11½. He was convicted of serious offences after a judge-alone trial. On appeal, the High Court quashed the conviction, finding the prosecution had not proved he understood his conduct was seriously wrong. The Court said this understanding cannot be assumed just from the fact that he did the act.
Questions
1. Which age band was RP in, and what presumption applied? 2. Why did the conviction fail? 3. What kinds of evidence can help rebut doli incapax (name two)? 4. Which theme(s) does this case illustrate?
Activity 3 — Rights on arrest: spot the breach
Syllabus link: 5.3 the rights of children when questioned or arrested
Each scenario may or may not breach a young person's rights. Write OK or BREACH, and if a breach, name the right that was ignored.
| Scenario | OK / Breach | Right involved |
|---|
| Police question a 14-year-old at the station with no parent, guardian or lawyer present, and use the admission in court. | | |
| Police tell a young person they are under arrest and why, and use only reasonable force. | | |
| Police strip search a 9-year-old. | | |
| Police caution a young person that they do not have to say anything. | | |
| Police take a young person's DNA with no court order and no support person. | | |
Activity 4 — Which diversion option?
Syllabus link: 5.5 Young Offenders Act 1997 — warnings, cautions, youth justice conferences
Place each matter at the right step of the hierarchy. Choose from the word-bank; remember cautions and conferences need an admission + consent, and very serious matters go to court.
WarningCautionYouth justice conferenceChildren's Court
| Matter | Best option |
|---|
| A 13-year-old is caught with a small amount of graffiti spray for the first time; minor offence. | |
| A 15-year-old admits a shop theft and consents; second minor matter — a formal step is warranted. | |
| A 16-year-old admits a more serious property offence; the victim is willing to take part and wants reparation. | |
| A 17-year-old is charged with a serious assault causing real harm. | |
Activity 5 — "Raise the age" — build your argument
Syllabus link: 5.2 law reform; themes — law reform, moral & ethical standards, balancing rights
Prepare both sides of the question: "Should NSW raise the minimum age of criminal responsibility from 10 to 14?" Use the ACT and Victorian reforms and the UN Convention on the Rights of the Child as examples.
Arguments to RAISE the age
Arguments to KEEP it at 10
My position + one piece of evidence to support it
Take it further — resources
Real, reputable sources for your own research