Sydney Children’s Court Lawyer

In NSW, the Children’s Court deals with legal matters involving children under the age of 18. In its criminal jurisdiction, the Children’s Court deals with all criminal cases where the Defendant was under 18 years of age at the time of the alleged offence (with the exception of some traffic offences).

At Green & Associates Solicitors, we have an experienced group of criminal defence lawyers who have represented and obtained favourable results for young people accused of criminal offences ranging from both minor charges to serious charges.

When a child or young person is charged by police with an offence, they are usually provided a Court Attendance Notice, indicating the details of the offence, the location, date, and the time the case is listed before the Children’s Court. If you or your child has obtained this, you may contact us on (02) 8080 7585 for legal advice or representation to discuss the options available to you.

If you or your child have already obtained a judgment and are seeking advice to appeal the order of the Children’s Court, you may also contact us to discuss the options available to you.

What is the minimum age of criminal responsibility in NSW?

In NSW, the minimum age of criminal responsibility is 10 years old. This means that a child aged under 10 years cannot be criminally responsible for committing a crime. The same minimum age of criminal responsibility applies in New South Wales under section 5 of the Children (Criminal Proceedings) Act, and across each State and Territory of Australia under section 7.1 of the Criminal Code Act 1995 (Cth).

What is Doli Incapax?

Doli Incapax is a common law principle that denotes ‘incapable of wrong’. It is the presumption that a child aged between 10 and 13 years is presumed incapable of criminal intent, according to RP v The Queen [2016] HCA 53. Doli incapax is usually always considered in all cases where there is a Defendant aged under 14.

Can Doli Incapax be rebutted?

Doli Incapax can be rebutted by the Prosecution where they satisfy, beyond a reasonable doubt, that the child, at the time of doing the act, knew that it was seriously wrong as a matter of morality, or according to the ordinary principles of reasonable persons (and not merely naughty or mischievous.

If the Doli Incapax presumption is rebutted, any child aged between 10 and 13 can be found guilty and subjected to criminal penalties, including imprisonment.

We recently obtained a non-conviction for a minor caught with a whole sandwich bag of mushrooms at a Hordern Pavillion concert; acted for a minor found “upskirting” at school over a lengthy period of time and managed to avoid charges.

At Green & Associates, we are well equipped to represent clients who have been charged with with a broad range of criminal offences. Should you find yourself, or your child, in a similar situation to the one described herein, contact our firm on (02) 8080 7585 to arrange for a consultation with one of our expert defence lawyers so that we can discuss your options with you.