236D
In forceBurden and standard of proof in relation to age
Volume 1s 1-261K
Part 2Arrival, presence and departure of persons
Division 12Offences etc. in relation to entry into, and remaining in, Australia
Subdivision APeople smuggling and related offences
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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