In re Robert M.

OPINION OF THE COURT

Peggy C. Davis, J.

This case involves a charge of delinquency brought as a result of the robbery of a bank. Evidence has been offered to show that because of his immaturity, the respondent, who was 9 years and 10 months old at the time of the alleged offense, could not — or did not — have a culpable mental state. The court is urged to apply the common-law rebuttable presumption that a child between the ages of 7 and 14 is incapable of mens rea or criminal intent (see 4 Blackstone’s Comm [1st ed, 1966 reprint], p 23.)1 For reasons set forth below it is held that the…