Presumption Of Incapacity

R. v M [2016] 2 Cr. App. R. 20


Ben Douglas-Jones appeared in an appeal concerning the presumption of incapacity of committing a crime in historical offences where doli incapax applied.  


The presumption could only be rebutted by the prosecution by clear positive evidence, not consisting merely of evidence of the acts amounting to the offence itself, but that the appellant knew that his act was seriously wrong as distinct from mere naughtiness or childish mischief.  


Where such incidents formed bad character evidence then the presumption was irrelevant.

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