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CRIMES ACT 1958 - SECT 49X

Defences to offences against children aged 16 or 17 or under 18—reasonable belief as to age

    (1)     It is a defence to a charge for an offence against section 49C(1), 49E(1), 49G(1) or  49L(1) if, at the time of the conduct constituting the offence, A reasonably believed that B was 18 years of age or more.

    (2)     It is a defence to a charge for an offence against section 49I(1) if, at the time of the conduct constituting the offence, A reasonably believed that C was 18 years of age or more.

    (3)     It is a defence to a charge for an offence against section 49Q(1) or 49R(1) if, at the time of the conduct constituting the offence—

        (a)     B was 12 years of age or more; and

        (b)     A reasonably believed that B was 18 years of age or more.

    (4)     A bears the burden of proving (on the balance of probabilities) the matter referred to in subsection (1), (2) or (3)(b).

Notes

1         References to A, B and C in this section are references to the same A, B and C referred to in sections 49C, 49E, 49G, 49I, 49L, 49Q and 49R.

2     Whether or not A reasonably believed that B or C was 18 years of age or more depends on the circumstances. The circumstances include any steps that A took to find
out B or C's age.

3     An evidential burden applies to the matter referred to in subsection (3)(a).

S. 49Y inserted by No. 47/2016 s. 16.



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