Australia

Criminal Code Act 1995 Vol 1

Chapter 2—General principles of criminal responsibility

Part 2.3-Circumstances in which there is no criminal responsibility

Division 7-Circumstances involving lack of capacity

7.1 Children under 10
A child under 10 years old is not criminally responsible for an offence.

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.

Keywords

Age of criminal responsibility - national proceedings



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