Aggravated burglary — fitness to stand trial — doli incapax — Crimes Act 1961, ss 21 & 22 — Criminal Procedure (Mentally Impaired Persons) Act 2003, s 9 — R v JA [2007] ACTSC 51 — R v NM [2016] NZYC 14. The child was charged with one count of aggravated burglary of a petrol station where cigarettes and cash was stolen. The offenders then fled in a stolen car that was crashed during the escape. The child was apprehended by police as he was fleeing from the crashed car. The court was asked to address the issue of "doli incapax" — the principle that children under a certain age are "incapable of evil" and should therefore not be criminally liable. The court noted that the presumption under this principle can only be displaced where there is proof that the child knew the act or omission was wrong. The court took into account the fact that the child had a shirt around his face to conceal his identity, the child's statement that "the cops were coming", the child being armed with a screwdriver, and the child's choice to flee and found that those factors supported the inference that the child knew the aggravated burglary was contrary to law. Therefore the court was satisfied on the balance of probabilities that the child knew what he was doing was wrong and that the presumption of "doli incapax" had been rebutted. Judgment Date: 14 May 2018 * * * Note: Names have been changed to comply with legal requirements * * *