Victorian Current Acts

YOUTH JUSTICE ACT 2024 - SECT 797

After section 321 of the Crimes Act 1958 insert —

        " 321AA     Agreement with child who may not be criminally responsible

A person may be found guilty of an offence against section 321 even if—

        (a)     the other party to the agreement referred to in that section is a child, or, if there is more than one other party to the agreement, all of the other parties to the agreement are children; and

        (b)     under section 10 or 11 of the Youth Justice Act 2024 , it is presumed that the child, or those children, cannot commit the offence that is the subject of the agreement.

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 .".