Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 236D

Burden and standard of proof in relation to age

    If, in proceedings relating to an offence against this Subdivision:

  (a)   the defendant claims to have been aged under 18 at the time the offence was alleged to have been, or was, committed, and

  (b)   the prosecution disputes this claim;

the prosecution bears the burden of proving, on the balance of probabilities, that the defendant was aged 18 or over at that time.


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