doli incapax การใช้
- Doli incapax refers to a presumption that a child is " incapable of crime " under legislation or common law.
- In the context of Australian law, doli incapax acts as a rebuttable presumption for children aged at least 10 but less than 14.
- Moreover, if there is an irrebuttable presumption of " doli incapax "-that is, that the accused did not have sufficient understanding of the nature and quality of his actionsthen the requisite " mens rea " is absent no matter what degree of probability might otherwise have been present.