Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Matters of justification or excuse - Infancy

22: Children between 10 and 14

You could also call this:

"Children aged 10-14 are only guilty of a crime if they knew what they did was wrong."

Illustration for Crimes Act 1961

If you are between 10 and 14 years old, you can only be found guilty of a crime if you knew what you did was wrong or against the law. You must have understood that your actions were not allowed. If you did not know this, you cannot be convicted of the crime. You doing something wrong does not affect whether someone else who was involved can be found guilty of the same crime. The law looks at each person's actions separately to decide if they are guilty or not.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328217.

Topics:
Crime and justice > Criminal law
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21: Children under 10, or

"Children under 10 can't be found guilty of a crime"

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Part 3Matters of justification or excuse
Infancy

22Children between 10 and 14

  1. No person shall be convicted of an offence by reason of any act done or omitted by him or her when of the age of 10 but under the age of 14 years, unless he or she knew either that the act or omission was wrong or that it was contrary to law.

  2. 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.

Compare
  • 1908 No 32 s 42