The criminal justice system within NSW approaches young offenders through unique policies to address the challenges of dealing with offenders under the age of eighteen. Through the implementation of Doli Incapax (A conclusive presumption that children under a certain age cannot be held legally responsible for their actions and cannot be guilty of an offence) The criminal justice system recognises that children and young people can be less responsible than adults for their offences. As for the victim between 10-13 the presumption of doli incapax can be rebutted. The rebuttable presumption recognises that children of this age might have the mental capacity to understand the seriousness of their act, but only if the prosecution can prove it beyond reasonable doubt. As seen in the R v LMW case where a 10-year-old accused of manslaughter after dropping a 6-year-old, who the boy knew couldn’t swim, into the Georges River. The world socialist web site wrote "Young and deceitful"--"Boy, 10, lured Corey to river edge, court told". Due to the boy age, the concept...
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...erence in whether it reduces recidivism, whilst meeting society’s needs. Hence, It embraces the welfare model of juvenile justice and encourages offender rehabilitation over traditional means of dealing with crime. It uses diversionary measures to find solutions to juvenile offending Therefore, alternatives to court is partially effective in achieving justice for young offenders in NSW.
Through certain laws and mechanisms NSW is partially able to achieve justice for young offenders in the criminal justice system. Through alternatives in court promoting rehabilitation, the special rights of young people when questioned and attained and finally the age of criminal responsibility. Though the laws and mechanisms are partially effective in achieving justice, they promote rehabilitation and give guidance for young people in recovering from indictable or summary crimes.
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