Between 2016 and 2023, there was a sharp fall in the proportion of matters where a 10–13 year old was found guilty of a criminal offence in the Children’s Court of NSW. This paper investigates whether this decline and other trends in court outcomes can be explained by the impact of a 2016 High Court of Australia decision (RP v R), which clarified the application of doli incapax (ie, legal protections available to 10–13 year olds). This report examines trends across five outcomes. First, the volume of court appearances involving a 10–13 year old. Second, whether these court appearances result in a proven offence. Third, among cases with a proven offence, the severity of the sanction imposed. Fourth, the extent to which prosecutors elect to withdraw charges. Finally, the proportion of 10–13 year olds who enter a plea of guilty.

J Gu, “Did a High Court decision on doli incapax shift court outcomes for 10–13 year olds?”, published in May 2025 by the NSW Bureau of Crime Statistics and Research.