New South Wales Consolidated Acts
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CRIMES ACT 1900 - SECT 80AG
Defence of similar age
80AG Defence of similar age
(1) It is a defence to a prosecution for an offence under section 66C (3),
66DB, 66DD, 73 or 73A if the complainant is of or above the age of 14 years
and the age difference between the complainant and the accused person is no
more than 2 years.
(2) In any criminal proceedings in which the application
of this section is raised, the prosecution has the onus of proving, beyond
reasonable doubt, that the complainant was less than 14 years of age or that
the difference in age between the complainant and the accused person is more
than 2 years.
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