Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 2 - GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY  

Part 2.3 - Circumstances in which there is no criminal responsibility  

Note:

This Part sets out defences that are generally available. Defences that apply to a more limited class of offences are dealt with elsewhere in this Code and in other laws.

Division 7 - Circumstances involving lack of capacity  

SECTION 7.2   Children over 10 but under 14  

(1)  
A child aged 10 years or more but under 14 years old can only be criminally responsible for an offence if the child knows that his or her conduct is wrong.

(2)  
The question whether a child knows that his or her conduct is wrong is one of fact. The burden of proving this is on the prosecution.




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