Supplementary Submission – Raising the Age
The supplementary submission to the Age of Criminal Responsibility Working Group Review (the Review) was prepared by the Law Council of Australia.
The supplementary submission provides information following the High Court’s recent decision on 29 May 2020 in the case of Pickett v Western Australia  HCA 20 (Pickett), which has a particular bearing on the final question of the Review as to whether there is a need for:
… any new criminal offences in Australian jurisdictions for persons who exploit or incite children who fall under the minimum age of criminal responsibility (or may be considered doli incapax) to participate in activities or behaviours which may otherwise attract a criminal offence?
In Pickett, the High Court considered the criminal liability of four adults in a situation where the criminal act may actually have been committed by a child who was considered doli incapax under section 29 of the Criminal Code Act 1913 (WA).
You can read the full submission below.