Defences to offences against children under 16—reasonable belief as to age
49W Defences to offences against children under 16—reasonable belief as to age
S. 49W inserted by No. 47/2016 s. 16.
It is a defence to a charge for an offence against section 49B(1), 49D(1) or 49F(1) if, at the time of the conduct constituting the offence—
B was 12 years of age or more; and
A reasonably believed that B was 16 years of age or more.
It is a defence to a charge for an offence against section 49H(1) if, at the time of the conduct constituting the offence—
C was 12 years of age or more; and
A reasonably believed that C was 16 years of age or more.
It is a defence to a charge for an offence against section 49K(1) if, at the time of the conduct constituting the offence, A reasonably believed that B was 16 years of age or more.
A bears the burden of proving (on the balance of probabilities) the matter referred to in subsection (1)(b), (2)(b) or (3).
Notes
1 References to A, B and C in this section are references to the same A, B and C referred to in sections 49B, 49D, 49F, 49H and 49K.
2 Whether or not A reasonably believed that B or C was 16 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 matters referred to in subsections (1)(a) and (2)(a).
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.