QLD statute of limitation for doli incapax.

geoff1973 · 5 June 2019

hi. I understand the concept of doli incapax. I also understand the concept of statute of limitations. If a crime is commited by a person between ages 10 and 14....and assume the crime is commited some 25 to 30 years ago... is it not virtually impossible to prosecute given the time that has passed and versions of events?

Also, if the other victim of the alleged crime is also between 10 and 14...how does the law (nowdays some 25 to 30 years later).. determine the correct version of events? Does the law automatically side with the complainant in such instances?.

For the sake of this example, assume the offence is a significant fight after school for which injuries occured.

thanks
geoff

Rob Legat - SBPL · 5 June 2019

I'm no criminal lawyer (and have never practised in criminal law), but the concept refers to the capacity to create criminal intent (intent often being a key element of an offence). If the child was incapable of forming the intent at the time the situation occurred, then the law cannot wait until they are 'of age' and then charge them - the intent must have been present at the time the act occurred. IF they are only capable of forming the intent at a later time, then it was not created in the commission of the act and therefore should not apply.

Time limits depend on the actual offence. Simple offences must generally be laid within 1 year.

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QLD statute of limitation for doli incapax.

geoff1973

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Rob Legat - SBPL

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