Bad Character And Doli Incapax

R v M [2016] 4 W.L.R. 146  [2016] 2 Cr. App. R. 20 (doli incapax)

Ben appeared in an important case concerning bad character in cases where doli incapax applied.  It was held that the presumption of incapacity of committing a crime 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.