5Age of criminal responsibility

5 Age of criminal responsibility

5 Age of criminal responsibility

(1) It is conclusively presumed that a child who, at the time of the alleged commission of an offence, is under 10 years of age cannot be guilty of the offence.

(2) It is presumed that a child who, at the time of the alleged commission of an offence, is 10, 11, 12 or 13 years of age cannot be guilty of the offence.

(3) The presumption in subsection (2) is rebutted only if the prosecution proves beyond reasonable doubt that the child knew at the time of the alleged commission of the offence that the child’s conduct was seriously wrong.

(4) Whether a child knew that the child’s conduct was seriously wrong—

(a) is a question of fact, and

(b) must not be inferred merely from the fact that the child engaged in the act or acts which constituted the alleged offence, and

(c) refers to the child’s knowledge that it was seriously wrong in a moral sense to engage in the act or acts which constituted the alleged offence.

(5) In determining whether the presumption has been rebutted, a court must have regard to the following matters, if known to the court—

(a) the conduct that constitutes the alleged offence,

(b) the circumstances surrounding the commission of the alleged offence,

Example of circumstances surrounding commission of alleged offence—

the child taking steps to plan the conduct, including equipping themself for the conduct or to avoid detection

(c) the child’s intellectual and moral development and education,

(d) the environment in which the child was raised.

(6) Subsection (5) does not limit other matters to which a court may have regard.

(7) To avoid doubt—

(a) a court may determine that the presumption has been rebutted based on evidence of the conduct that constitutes the alleged offence and the circumstances surrounding the commission of the alleged offence, and

(b) the determination may be made without or despite other evidence of the child’s intellectual and moral development if the court is satisfied that evidence of the conduct that constitutes the alleged offence and the circumstances surrounding the commission of the alleged offence is sufficient to satisfy the requirement set out in subsection (3).