R v RL (No 1)

The case of R v RL (No 1) involved a complex set of charges against the accused, RL, who was alleged to have committed various sexual offences against his younger sister over a period of time. The matter was heard by a judge sitting alone in the relevant Australian court. The primary dispute centred on the accused's capacity to commit the offences due to his age at the time of the alleged incidents.

The legal issues that required resolution by the court included the accused's doli incapax, a doctrine that historically protected children under a certain age from being held criminally responsible for sexual offences. The court had to determine whether the accused was above or below the age of criminal responsibility at the relevant times. Another issue was whether the court should have considered the charge of carnal knowledge as it was not supported by specific evidence.

The court ruled that the accused was conclusively presumed to be incapable of committing the offence due to his age, leading to his acquittal on certain counts. The Crown conceded that the accused must be acquitted on one count as it should never have appeared on the indictment. The court found that there was no specific evidence regarding the issue of doli incapax, which was critical in determining the accused's capacity to commit the offences. The accused was found not guilty on counts 1, 3, 5 and 6 on the indictment, and found guilty of count 7 on the indictment. Additionally, the accused was convicted by his pleas of guilty on counts 2 and 4 on the indictment.