C (A Minor) v DPP
| Jurisdiction | England & Wales |
| Judgment Date | 1994 |
| Date | 1994 |
| Court | Queen's Bench Division (Administrative Court) |
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27 cases
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R v Sheldon
...abolition of the presumption of criminal incapacity of children under 14 and its reinstatement by the House of Lords on appeal (see C (a minor) v DPP (1995) 2 WLR 383). Given the narrowness of the question now arising, thefact that the central issue at trial was one of identification – whet......
- A. v DPP
- C.C. (A Minor) v DPP
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R v Friend
...and the answers he gave to the police at interview. Wisely the judge did not consider the commission of the offence itself. 43In C (a minor) v DPP [1995] 2 CAR 166 the House of Lords held that the presumption between the ages of 10—14 was doli incapax could be rebutted only by clear positiv......
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4 books & journal articles
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Criminal Responsibility and Children: A New Defence Required to Acknowledge the Absence of Capacity and Choice
...needto establish by evidence that a defendant who is below the age of discretion5 Laws J in the Divisional Court in C (A Minor) vDPP [1994] 3 WLR 888 declaredthe presumption defunct, and though his decision was reversed on appeal ([1996]AC 1), the House of Lords accepted that the rebuttable......
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Theorising Children's Rights in Youth Justice: The Significance of Autonomy and Foundational Rights
...1998, whether a child was ‘capable ofevil’ was the subject of litigation; hence the jurisprudence on the issue (for example see CvDPP[1994] 3 All ER 190). On the history of doli incapax and judicial approaches to children’s criminalresponsibility in England and Wales see T. Crofts, The Crim......
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No Defence of Doli Incapax
...to be a case to answer.These decisions are described by Lord Phillips as ‘startling’. Theyculminated in the case of C (A Minor) v DPP [1995] 1 Cr App R 118, inwhich the Divisional Court purported to abolish the presumption of doliincapax. C, who was aged 12, appealed against his conviction ......
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Protections for children before the law: An empirical analysis of the age of criminal responsibility, the abolition of doli incapax and the merits of a developmental immaturity defence in England and Wales
...grow up as quickly as they do nowadays, this presumption at the present time is a serious disservice to our law. (C (A Minor) v DPP [1994] 3 All ER 190: at 196, as cited in Arthur, 2010: 46–47)While they did not link the perceived increased maturity among children specifically to education,......