The presumption of doli incapax must be independently assessed for each count on an indictment; a finding that the presumption is rebutted on one count cannot automatically establish rebuttal on subsequent counts, even where the acts are similar and occurred later in time. However, the finding on an earlier count may be taken into account as part of the context when assessing the child's knowledge for a later count involving the same type of act. In judge alone trials, the CCA applies the same unreasonable verdict test as for jury trials (per Filippou), but the exposed reasoning of the trial judge enables closer scrutiny of whether findings were open on the evidence.
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