Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3


Division 272 - Child sex offences outside Australia  

Subdivision E - Other rules about conduct of trials  

SECTION 272.27   Evidence relating to a person ' s age  

For the purposes of this Division, evidence that a person was represented to the defendant as being under or of a particular age is, in the absence of evidence to the contrary, proof that the defendant believed that person to be under or of that age.

In determining for the purposes of this Division how old a person is or was at a particular time, a jury or court may treat any of the following as admissible evidence:

(a) the person ' s appearance;

(b) medical or other scientific opinion;

(c) a document that is or appears to be an official or medical record from a country outside Australia;

(d) a document that is or appears to be a copy of such a record.

Subsection (2) does not make any other kind of evidence inadmissible, and does not affect a prosecutor ' s duty to do all he or she can to adduce the best possible evidence for determining the question.

If, on a trial for an offence against this Division, evidence may be treated as admissible because of subsection (2), the court must warn the jury that it must be satisfied beyond reasonable doubt in determining the question.

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