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Doc Brief

13 September 2007 / B Mahendra
Issue: 7288 / Categories: Features , Professional negligence , Personal injury
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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 introduce evidence that

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MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
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