Principle: An act done by a child under seven years of age is not an offence. Facts: A six-year-old picks up a neighbour's toy and takes it home. Is the child guilty of theft?
Answer and explanation
Correct answer: B. No, the child is incapable of committing an offence
- Step 1: Under the law a child below seven is presumed incapable of criminal intent.
Answer
No, the child is incapable of committing an offence.
Why not the others: The value of the toy is not relevant.
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