7.2 Children over 10 under 14

Commonwealth Criminal Code: Guide for practitioners

7.2 Children over 10 but under 14

(1) A child aged 10 years or more but under 14 years old can only be criminally responsible for an offence if the child knows that his or her conduct is wrong.

(2) The question whether a child knows that his or her conduct is wrong is one of fact. The burden of proving this is on the prosecution.

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. Subsection 7.2(2) provides that the prosecution has to establish awareness of wrongdoing beyond a reasonable doubt. This codifies existing law.