When can a child form mens rea?

In the jurisdiction of New south Wales, a child under the age of 10 years of age can NOT be held criminally liable for their actions. a child BETWEEN 10 & 14 years of age MAY be held criminally liable if the prosecution can prove that they knew what they were doing was criminal rather than naughty (this is referred to as doli incapax). A child over 14 years CAN be held criminally liable.

These ages are in the eyes of the law able to separate those who have intent to commit the offence from those who do have the intent.

For Your Information: Intent to commit the crime is the Mens Rea element of the offence.