B v R

Facts

A child of eight was charged with house-breaking and larceny. He made a full confession. He was convicted. He appealed on the ground that a child of that age should not have been found to have a guilty mind.

Issue

Can the presumption of incapacity be rebutted in a young child?

Held

The appeal was dismissed. The presumption is rebuttable, and on these facts it had been rebutted.

Principle

Age between seven and fourteen raises a presumption, not a bar. Strong evidence, including what the child says and does, can displace it.

Why it matters

Under seven the presumption cannot be rebutted at all.

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