Where a conviction under s 66C(2) of the Crimes Act 1900 (NSW) is quashed because the complainant's age at the time of offending cannot be proved to be under 14, the Court of Criminal Appeal may substitute a conviction for the lesser offence under s 66C(4), as the words 'of or above the age of 14' in s 66C(4) do not create a separate element but merely demarcate the offence from s 66C(2) for penalty purposes.
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