38AChild 10 years of age or older but under 14 years of age

38A Child 10 years of age or older but under 14 years of age (1) A child 10 years of age or older but under 14 years of age can only be criminally responsible for an offence if the child knows that the child's conduct is wrong. Criminal Code Act 1983 26 (2) The question whether a child knows that the child's conduct is wrong is one of fact. (3) The burden of proving that a child knows that the child's conduct is wrong is on the prosecution. Note for section 38A This section and section 43AQ are the same and intended to cover both acts and omissions.