sec.87Defence to charge if age material

sec.87 Defence to charge if age material

This section applies to a charge for an offence against section 66 , 67 , 69 or 77 in which the age of a person (the relevant person ) is material to the charge. It is a defence to the charge for the defendant to prove that at the time of the offence the defendant or the defendant’s employee honestly and reasonably believed the relevant person was an adult. Proof that the defendant or the defendant’s employee did not ask the relevant person to produce acceptable evidence of age is evidence that any belief that the relevant person was an adult was not reasonable. s 87 (prev s 26) renum 2006 No. 46 s 275 (sec.87-ssec.1) This section applies to a charge for an offence against section 66 , 67 , 69 or 77 in which the age of a person (the relevant person ) is material to the charge. (sec.87-ssec.2) It is a defence to the charge for the defendant to prove that at the time of the offence the defendant or the defendant’s employee honestly and reasonably believed the relevant person was an adult. (sec.87-ssec.3) Proof that the defendant or the defendant’s employee did not ask the relevant person to produce acceptable evidence of age is evidence that any belief that the relevant person was an adult was not reasonable.