Which case illustrates the rebuttable presumption of doli incapax for children aged 10-13?

• A. DPP v NW [2015]
• B. R v LMW [1999]
• C. R v Campbell [2010]
• D. Victims Rights and Support Act 2013 (NSW)

Answer: (A)

The idea being tested is how doli incapax works for young defendants: for children in the 10–13 age range, there is a presumption that they cannot form the necessary intent to commit a crime, but this presumption can be rebutted with evidence that the child did understand the act was wrong or could form a criminal intention.

DPP v NW [2015] is the case that shows this rebuttable nature in practice. It reinforces that, while the starting point is incapacity for children of this age, the prosecution can present evidence to show the child had awareness of wrongfulness or some capacity to form the requisite mens rea. The decision clarifies how such understanding can be established and weighed, keeping the presumption alive but not unchangeable.

The other options don’t fit this specific point. R v LMW [1999] and R v Campbell [2010] involve different aspects of criminal responsibility and age-related issues, while the Victims Rights and Support Act 2013 (NSW) is legislation rather than a case illustrating how the doli incapax presumption operates.