Year 10 Commerce

Task 1 – Semester 1, 2023

Law, Society and Political Involvement

Due Date Monday, 27 March 2023 (Week 9)

Period 1 - 10A Ms Martinez, 10C Ms Melas, 10D Mrs Perritt
Period 2 - 10B Mrs Brungs
Time Allocated 45 minutes
Total Marks 20
Weighting 30%

Task Description
Research and in class task
Age of Criminal Responsibility
In recent years there has been much debate surrounding the appropriate minimum age for criminal
responsibility. In 2021 a proposal to amend the law to increase the minimum age of criminal responsibility
from 10 to 12 was brought before NSW Parliament. The ACT Government has committed to raising the age
of criminal responsibility in the ACT from 10 to 14 years. In NSW, David Shoebridge MLC introduced the
Children (Criminal Proceedings) Amendment (Age of Criminal Responsibility) Bill 2021 on 11 November
2021. This bill seeks to raise the age of criminal responsibility in NSW to 14, in addition to providing that
children under the age of 16 are not to be detained or imprisoned.
The common law has long included the principle that children who commit wrong should be treated
differently to adults. The principle has existed since ancient times, gradually developing into the common
law holding that children lack the mental capacity to be guilty of a crime.
In NSW, a child under the age of 10 years is considered incapable of crime. Section five of the Children
(Criminal Proceedings) Act 1987 currently states: that no child who is under the age of 10 years can be
guilty of an offence. The minimum age of criminal responsibility is currently set at 10 in all states and
territories in Australia, except for the ACT where it is 14.

Your Task:
Research the MACR (Minimum Age of Criminal Responsibility) in AUSTRALIA ONLY using a variety of
sources.
PART A: RESEARCH
Your research must focus on the following key questions:
1. What is the MACR in Australian States and Territories?
2. The current law/s in NSW or Australia in regards to MACR
3. What does that law say about the MACR?
4. Why is there a MACR?
5. Arguments FOR and AGAINST raising the MACR
6. Case law or media reports that support the arguments for and against raising the MACR.
Useful case law and research links:
● Jamie Bulger case (even though it is not an Australian case it examines the the criminal mind of
children)
● https://www.mondaq.com/australia/crime/1104350/six-teenagers-charged-with-murder-and-the-ag
e-of-criminal-responsibility-in-australia
● Corey Davis - R v LMW - doli incapax

A 10 year-old boy, LMW, was charged with the manslaughter of six year-old Corey Davis. Corey Davis
drowned on 2 March 1998, after the accused dropped him into the Georges River, knowing that he was
unable to swim. However, the boy walked free after being found not guilty of the manslaughter of Corey
Davis by a jury. The jury supported the defence case that the drowning of Corey had been a childish prank
gone wrong, enacted by an almost retarded boy who did not appreciate the consequences of his actions.
This case raised the issue of doli incapax, which presumes any child aged 10-14 is incapable of criminal
intent unless proven otherwise.
● https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pu
bs/rp/rp2122/Quick_Guides/MinimumAgeCriminalResponsibility
● https://theconversation.com/why-we-should-not-rush-to-raise-the-age-of-criminal-responsibility-in-
australia-189463
● https://www.smh.com.au/politics/nsw/nsw-must-move-urgently-to-raise-age-of-criminal-responsibi
lity-20221219-p5c7en.html
● https://www.theguardian.com/australia-news/2022/aug/11/more-than-60000-people-sign-petition-
urging-nsw-to-raise-the-age-of-criminal-responsibility
 ● https://humanrights.gov.au/sites/default/files/2020-10/australias_minimum_age_of_criminal_resp
onsibility_-_australias_third_upr_2021.pdf
● https://www.abc.net.au/btn/high/raising-the-age-of-criminal-responsibility/101943408?fbclid=IwA
R2PYg2uVf8NMtUMrv4LgxNj5dfvoL6fTGWQyJl-NRvJDCytLhpy32-zZw8

PART B: IN-CLASS TASK - 45 minutes

On the day of the task you will complete a scaffolded essay response.

Each class will be given 2 lessons to work on this.

No external notes may be brought into the exam.

Outcomes Assessed
You will be assessed on your ability to:
◻ apply consumer, financial, economic, business, legal, political and employment concepts and
terminology in a variety of contexts COM5-1
◻ analyse the rights and responsibilities of individuals in a range of consumer, financial, economic,
business, legal, political and employment contexts COM5-2
◻ examine the role of law in society COM5-3

◻ analyse key factors affecting decisions COM5-4

◻ evaluate options for solving problems and issues COM5-5

◻ explain information using a variety of forms COM5-8

 Assessment Criteria and Feedback .

The student will:

Mark Criteria

A Demonstrates an extensive understanding of the issues surrounding the minimum age of criminal responsibility.
17-20
Uses cases and examples to support reasoned arguments for and against raising the minimum age of criminal responsibility
in Australia.

Integrates relevant legal and political concepts and terminology correctly.

Communicates effectively in a well-structured and cohesive response to the question

B Demonstrates a through understanding of the issues surrounding the minimum age of criminal responsibility.
13-16
Uses examples to support arguments for and against raising the minimum age of criminal responsibility in Australia.

Uses relevant legal and political concepts and terminology correctly.

Communicates in a well-structured and cohesive response to the question

C Demonstrates a sound understanding of the issues surrounding the minimum age of criminal responsibility.
9-12
Presents arguments for and against raising the minimum age of criminal responsibility in Australia.

Uses legal and political concepts and terminology correctly.

Communicates in a structured response to the question

D Demonstrates a basic understanding of the issues surrounding the minimum age of criminal responsibility.
5-8
Presents some information for and/or against raising the minimum age of criminal responsibility in Australia.

May use some legal and political concepts and terminology correctly.

Response lacks clear structure

E Demonstrates a limited understanding of the issues surrounding the minimum age of criminal responsibility.
1-4
May provide some information for and/or against raising the minimum age of criminal responsibility in Australia

Little/no use of legal and political concepts and terminology.

Poor structure adversely impacts readability