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Words: 2,000 | Submitted: Thu May 31 2007
... to be responsible for a criminal act implies the perpetrator must understand what they are doing and that it is wrong. Clearly, most young children are too immature to fully appreciate the difference between right and wrong. Most countries have fixed an age below which a child cannot be held criminally responsible for their actions. Commonly this is set at ten years, although the age of criminal responsibility can vary between six and 12 years. A key principle of our criminal law is the principle of mens rea: generally, no person can be convicted of a crime unless the prosecution proves not only a guilty act, but also a guilty mind. For criminal responsibility, the action in breach of the law must be conscious and voluntary; and there may be additional requirements, such as that there be intention of a particular consequence, or recklessness as to this consequence. In the case ...
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