A child's electronic record of interview with police conducted approximately two years after the alleged offending is probative of the child's capacity at the time of the offending under s 29 of the Criminal Code (WA), particularly where the child's statements address their understanding at the time of the offending rather than merely at the time of the interview. School disciplinary records for qualitatively different conduct (e.g., physical aggression) do not provide an adequate basis to infer capacity to know that sexual offending was seriously wrong. The 'seriously wrong by the ordinary standards of reasonable adults' formulation from RYE remains the applicable test, though Vaughan JA has expressed reservations about whether 'seriously wrong' is the correct threshold.
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