Sentencing And Punishment

1. Discuss the issues surrounding the senesce of woeful responsibility. There atomic number 18 many issues surrounding the age of culpable responsibility. The main issues ar how to deal with unseasoned offenders as early days as disco biscuit eld of age for a evil that they might turn on. The read/write head is should immature offenders be treated like with child(p)s and receive the alike sanctions for similar crimes that they might commit. The government of each show pitch issued what they hark back is the age of criminal responsibility, which is shown in the following plot: As seen in the above encipher each state agrees that children that commit crimes down the stairs the age of hug drug be possessed of no criminal responsibility. This is mainly because children under the age of ten argon too unfledged to have a criminal liveliness (mens rea); this is in like manner referred to as doli incapax. A nonher think for this is that the government induct most of its effort to provide the young with the opportunities to start their adult lives in a positive way, without organism discriminated for some crime that they may have commit without having the psychical action to do so. Children committing the crime do not image the consequences of their actions, and as a result of this the Childrens (Criminal Proceedings) Act 1987 (NSW) states that a child under ten years of age cannot be charged with a criminal offence.

There are also many concerns regarding the young to provide evidence in a court effort for example in the R v. JTB (2003) NSWCCA 295. In the above figure it is shown that in each state the ages of assumption is between ten to cardinal years, which still implies that! the child is not able to appoint a criminal intent. Even though this presumption applies in all Australian criminal jurisdictions, it may be rebutted by proof that the child understood the wrongfulness of the action they have committed. Under Australian law children extend to the age of criminal responsibility when they reach fourteen years of age. This implies that children age fourteen and older...If you want to get a secure essay, order it on our website: OrderEssay.net

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