CHAPTER XIV
GENERAL DEFENCES AND MITIGATING FACTORS
Division B: Defences and Mitigating Factors Relating to the Mental State
PART VI
MINORITY
230 When child between seven and fourteen years may be held criminally liable
(1) The presumption referred to in section seven as to the criminal incapacity of a child between the age of seven and below the age of fourteen years may be rebutted if, at the time of the commission of the crime for which such child is charged, the child was sufficiently mature
(a) to understand that his or her conduct was unlawful or morally wrong; and
(b) to be capable of conforming with the requirements of the law.
(2) Subsection (1) shall apply to all crimes, whether or not any form of intention, knowledge, realisation or negligence is required for their commission.
(3) In deciding, for the purposes of subsection (1), whether or not a child was sufficiently mature to have the understanding and capacity referred to in that subsection, a court shall take into account the following factors, in addition to any others that are relevant in the particular case
(a) the nature of the crime with which the child is charged; and
(b) the child’s general maturity and family background; and
(c) the child’s knowledge, education and experience; and
(d) the child’s behaviour before, during and after the conduct which forms the subject of the charge.
(4) Where a child who is of or over the age of seven years but under the age of fourteen years does or omits to do anything in the presence of an older person whom in all the circumstances the child would be expected to obey, it shall be presumed, in any criminal proceedings arising out of that conduct, that the child was acting under compulsion from that older person, unless the contrary is proved.
(5) For the purposes of subsection (4), a child shall be deemed to be in the presence of an older person if the older person is so placed as to be able to control the child’s conduct.
231 Attorney-General to authorise prosecutions of children under fourteen years
No proceedings in respect of any crime shall be instituted or continued against any person who is under the age of fourteen years, other than proceedings for the purposes of remand, without the authority of the Attorney-General.
Other defences - national proceedings
EDIT.