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13 September 2007 / B Mahendra
Issue: 7288 / Categories: Features , Professional negligence , Personal injury
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Doc Brief

DOLI INCAPAX >>
PROTECTING THE INCAPABLE ELDERLY >>
RIGHT TO REFUSE TREATMENT >>
A NOT SO GOOD SAMARITAN? >>

RIGHT, WRONG AND CAPABLE

As the evidence suggests that the incidence of youth crime continues to grow, all those involved with youthful miscreants have some interest in knowing what capacity this possesses for engaging in criminal litigation. Before the Crime and Disorder Act 1998 (CDA 1998), s 34 came into force, there was a presumption of law that a child aged 10 and over but below the age of 14 was doli incapax, that is, it did not know that some act or omission it had been charged with was seriously wrong. It was then up to the Crown to displace this presumption by proving not only the acteus reus and mens rea of the alleged offence, but also that the child charged with what had been alleged knew it was seriously wrong.

In doing this the Crown was not permitted to rely on the evidence of the alleged offence but had to seek and

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MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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