In recent years, the use of the legal concept of Doli Incapax in cases involving historic sex offences has dwindled following its abolition in 1998. However, the recent case of PF [2017] EWCA Crim 983 highlights its continued relevance as a defence tool for defendants. This article explores the potential historic sex offence defences, with a focus on Doli Incapax and its application in light of recent legal developments.
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Understanding Doli Incapax
Doli Incapax is a rebuttable presumption that a child aged between 10 and 14 is incapable of committing a crime. For this presumption to be rebutted, the prosecution must prove both the commission of the act (actus reus) with the required mental state (mens rea) and that the child knew the conduct was not merely mischievous but seriously wrong.
The Abolition and Limited Scope
Doli Incapax was abolished on September 30, 1998, and the age of culpability was reduced from 14 to 10. Consequently, its applicability is now primarily, though not exclusively, confined to historic sexual offences. The case of PF serves as a compelling illustration of how Doli Incapax can significantly impact legal proceedings in such cases.
PF Case Overview
In PF [2017] EWCA Crim 983, the appellant was convicted of indecently assaulting his younger sister between 1979 and 1983, during ages 10 to 14. The trial’s unique challenge was the inability of the complainant to specify when the offences occurred within the indictment period, leading the trial judge to invoke the Doli Incapax presumption.
Importance of Jury Directions
The trial judge directed the jury to consider three crucial elements for a conviction, emphasising the need for the prosecution to prove the seriousness of the act. The Court of Appeal, however, found a misdirection on Doli Incapax, noting that evidence of the act itself is insufficient to establish guilt. Clear positive evidence distinct from the alleged act is required to demonstrate the defendant’s knowledge that the act was seriously wrong.
Precedent and Legal Clarity
The case of R v M [2016] EWCA Crim 674, following C (a minor) v DPP [1995] 2 Cr App R 166, clarified the importance of independent evidence to establish guilty knowledge. In sexual offences, where actions may be less obviously wrong between children, such evidence becomes paramount.
PF Verdict and Legal Implications
In PF, the Crown’s reliance on alleged bullying and coercive behaviour by the appellant was dismissed by the Court of Appeal. The jury, not adequately directed on the need for independent evidence, was not informed of the Crown’s reliance on specific behaviour to rebut the Doli Incapax presumption. The verdict highlights the necessity for a comprehensive consideration of evidence before establishing a defendant’s knowledge of the wrongdoing.
Conclusion
While cases involving Doli Incapax are increasingly rare, they present a unique challenge in historic sex offense trials, where memories are often unclear. It is crucial for legal practitioners to stay informed on recent case law, as demonstrated by PF, to effectively navigate the complexities surrounding Doli Incapax and ensure a fair and just legal process for all parties involved in such sensitive cases
For immediate, expert legal advice, contact Stuart Sutton today on 07798 753720 or 07592 157957, email Stuart on stuart@ssdll.co.uk or complete our online contact form.
