A JUDGE has called for a reexamination of the legal presumption that a child aged between seven and 14 is incapable of committing a criminal offence.
Judge Cyril Kelly said the common law doctrine of doli incapax was a gross anomaly and caused injustice.
Judge Kelly said the legislature should look at the doctrine, as both the prosecution and defence in criminal trials were entitled to justice.
He made his observations at Dublin Circuit Criminal Court as he directed a jury to return a verdict of not guilty in an assault case in which a youth (now 16) lost the sight of one eye.
The defendant was 13 in August 19th, 1995, when it is alleged he approached the victim from behind and struck him with a burley. The defendant denied the charge and was discharged at the start of the trial following legal submissions by his counsel, Mr Patrick Marrinan, in relation to doli incapax.