11Presumption that child 12 or 13 years of age cannot commit an offence

11 Presumption that child 12 or 13 years of age cannot commit an offence

(1) It is presumed that a child who is 12 or 13 years of age cannot commit an offence.

(2) The presumption in subsection (1) 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.

(3) Whether a child knew that their conduct was seriously wrong—

(a) is a question of fact; and

(b) cannot be inferred merely from the fact that the child engaged in the conduct which constituted the offence; and

(c) refers to the child's knowledge that it was seriously wrong in a moral sense to engage in the conduct that constitutes the physical element or elements of the offence.

(4) To avoid doubt—

(a) any presumption arising by or under the common law in relation to the criminal responsibility of a child continues to apply; and

(b) in the event of inconsistency between this section and a presumption referred to in paragraph (a), this section prevails to the extent of the inconsistency.