Division 7 Circumstances involving lack of capacity
Commonwealth Criminal Code: Guide for practitioners
Division 7 Circumstances involving lack of capacity
Section 7.1 states that a child under 10 is not criminally responsible for an offence.
Subsection 7.2(1) provides that a child aged 10 years or more but under 14 years of age can only be criminally responsible for an offence if the child knows that their conduct is wrong.
A person is not criminally responsible for the commission of an offence if, at the time the offence was committed, the person suffered from a mental impairment which precluded criminal responsibility.