Division 7 Circumstances involving lack of capacity
Commonwealth Criminal Code: Guide for practitioners
Division 7 Circumstances involving lack of capacity
7.1 Children under 10
Section 7.1 states that a child under 10 is not criminally responsible for an offence.
7.2 Children over 10 under 14
Subsection 7.2(1) provides that a child aged 10 years or more but under 14 years of age can only be criminally responsible for an offence if the child knows that their conduct is wrong.
7.3 Mental impairment
A person is not criminally responsible for the commission of an offence if, at the time the offence was committed, the person suffered from a mental impairment which precluded criminal responsibility.