01 May 2008
R v T [2008] EWCA Crim 815, [2008] All ER (D) 215 (Apr)
Contrary to the view of Lord Justice Smith in CPS v P [2007] EWHC 946, [2007] All ER (D) 244 (Apr), s 34 of the Crime and Disorder Act 1998 has abolished the concept doli incapax. The court therefore upheld the ruling of the trial judge, that the accused (who was aged 12) was precluded by s 34 from raising the issue of doli incapax as a defence.
