RH v Director of Public Prosecutions (NSW)

The appeal concerned a decision of the Director of Public Prosecutions (NSW) regarding an applicant who was 12 years old at the time of the alleged offence. The applicant had been found guilty by a magistrate, and an appeal to the Supreme Court was dismissed. The appeal to the Court of Appeal was brought by the applicant against the Director of Public Prosecutions (NSW).

The central legal issues before the Court of Appeal were whether the magistrate had erred in law by failing to apply the correct legal principle to the facts when determining whether the presumption of criminal responsibility for a child aged between 10 and 14 years had been rebutted, and whether, if more than one conclusion was open on the facts, the trial court alone could make such a finding. The Court also considered whether it had a discretion to remit the matter in the interests of the administration of justice.

The Court of Appeal held that the presumption that a child between 10 and 14 years is not criminally responsible can only be rebutted by evidence demonstrating that the child knew that their act was seriously wrong, not merely that it was wrong. The Court found that the magistrate had applied an incorrect subjective test, focusing on whether the child knew their act was wrong, rather than whether they knew it was seriously wrong. Consequently, the Court allowed the appeal, set aside the dismissal of the appeal by the Supreme Court, and further set aside the finding of guilt and the caution administered to the applicant.