If you are under 10 years old, you cannot be found guilty of a crime for something you did or did not do. You are too young to be convicted of an offence when you are under 10. This rule does not change whether someone else involved in the same offence is guilty or not.
If someone else was involved in the offence with you, they can still be found guilty, even if you are not. This is because the law treats each person separately when deciding if they are guilty of a crime. The fact that you are under 10 and cannot be convicted does not affect the decision about the other person's guilt.
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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328216.
No person shall be convicted of an offence by reason of any act done or omitted by him or her when under the age of 10 years.
The fact that by virtue of this section any person has not been or is not liable to be convicted of an offence shall not affect the question whether any other person who is alleged to be a party to that offence is guilty of that offence.
