321GA
In forceIncitement of child who may not be criminally responsible
Part IOffences
Division 11Incitement
321GA Incitement of child who may not be criminally responsible
S. 321GA inserted by No. 32/2024 s. 798.
A person may be found guilty of an offence against section 321G even if—
(a)
the person incited is a child; and
(b)
under section 10 or 11 of the Youth Justice Act 2024, it is presumed that the child cannot commit the offence that is the subject of the incitement.
Notes
1 It is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the Youth Justice Act 2024.
2 It is presumed that a child who is 12 or 13 years of age cannot commit an offence—see section 11 of the Youth Justice Act 2024.
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