‘Let’s go do some Doli’: Young kids fuelling bush crime wave due to court rule
A spate of robberies and car thefts in the bush is being committed by kids as young as 11, who are getting away with violent crimes because courts rule they do not know right from wrong.
Police & Courts
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Kids as young as 11 are getting away with violent crimes across regional NSW because courts rule they do not know right from wrong, even after bragging “police will never catch me”.
The state’s regional crime epidemic is being fuelled by recidivist youth offenders, with fed up police and locals calling on the NSW government to close legal and bail loopholes that are seeing kids back on the streets immediately after stealing cars and committing armed robberies.
In one shocking example, an 11-year-old boy from Dubbo on Monday faced a children’s court for the 70th time in his short life. In that time he has faced over 100 charges including robbery and vehicle theft.
The Daily Telegraph can reveal one of the biggest issues facing NSW Police is the test for “Doli incapax”, the Latin phrase for “incapable of evil”.
The test means that for a youth between 10 and 14 to be guilty of a crime, police must first prove in court the child knows the difference between right and wrong – leading to many instances of repeat offenders escaping multiple convictions or any lasting punishment.
Police sources said kids were becoming so confident of getting away with offences, some had dubbed committing crime “doing Doli”.
“We are continually charging 13-year-olds with offences like robbery and wounding, but they are being acquitted due to the court not accepting that they knew what they’re doing was wrong,” a NSW Police source said.
“Getting past the level required by Doli Incapax is another massive challenge, kids know it too – it’s even at the point where they are so cocky about getting off, we’ve even got them on texts saying: ‘Let’s go do some Doli’.”
Dubbo MP and NSW Nationals leader Dugald Saunders called on Attorney-General Michael Daley to urgently look at options to keep young offenders off the streets.
“Families and communities in the bush deserve to feel and be safe, and they expect magistrates should be able to support them better than they currently are,” he said.
“We need the Attorney-General to take a closer look at the current bail laws and also provide different pathways for young offenders with different needs to get them off the streets and on the right track.”
A 10-year-old boy was last year found not guilty by a children’s court on 72 charges for acts police alleged he committed in Dubbo – because of Doli incapax.
Among the charges were allegations of arming himself with a knife and breaking into homes in the middle of the night, as well as leading police on a 130km/h car chase.
The boy’s mother told the court she had tried to discipline the boy who “just laughs and walks away”.
“I tried to teach him the difference between right and wrong,” she said.
“I have explained to him about the consequences … he says: ‘I don’t care they [police] will never catch me’.”
A Magistrate ultimately ruled it was not proved the youngster knew what he was doing was wrong, and found him not guilty.
A spokesperson for Attorney-General Michael Daley said the government was “hearing from families, Aboriginal leaders, and service providers that the current systems aren’t working, and that real impactful change is needed.”
“We’ll have more to say soon, but this is a priority for the government, and we want to take the time required to get it right.”
In a statement, a NSW Police spokesperson said prioritising youth engagement programs would help “to prevent and reduce crime across the state”.
“While the NSW Police Force will continue to work to empower the youth to make the right decisions, there needs to be a concerted, societal effort to instil a sense of belonging and purpose to enable at-risk young individuals to reach their full potential,” the statement read.
While publicly police are backing programs as a way to reform young offenders, privately many officers are fed up at bail being granted to the same children over and over.
“There can no longer be an argument around some of these kids, they are getting bail and going back out and doing it again the next night,” another source said.
“They walk into court with baby faces during the day, but then they’re terrorising people in their homes at night.
“We are all for diversion and programs, and always will be, but the rate of youth recidivism is out of control.”
Police Association NSW president Kevin Morton backed the need for the courts to help police, saying officers across the state “work tirelessly” while being understaffed.
“We need to stop making excuses for bad behaviour and blaming cops for doing their job in keeping their communities safe,” Mr Morton said.
“Police officers work tirelessly with less staff to prevent youth crime and they are being let down by the revolving door of the judicial system and other government agencies that work 9-5 and leave the rest for us to clean up.”
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