Section 80AG Crimes Act 1900 | Defence of Similar Age


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Section 80AG of the Crimes Act 1900 is Defence of Similar Age and is extracted below.

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The Legislation

Section 80AG of the Crimes Act 1900 deals with the offence of ‘Defence of Similar Age’ and reads as follows:

80AG Defence of Similar Age

(1) It is a defence to a prosecution for an offence under section 66C (3), 66DB, 66DD, 73 or 73A if the alleged victim is of or above the age of 14 years and the age difference between the alleged victim and the accused person is no more than 2 years.

(2) In any criminal proceedings in which the application of this section is raised, the prosecution has the onus of proving, beyond reasonable doubt, that the alleged victim was less than 14 years of age or that the difference in age between the alleged victim and the accused person is more than 2 years.

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