Going to Court? Book Your Free First Appointment

Saved Pages

Save pages and articles you’re most interested in to read later on.


We Are Open Throughout The Holiday Season

Section 80AF Crimes Act 1900
Uncertainty About Time When Sexual Offence Against Child Occurred

Section 80AF of the Crimes Act 1900 is Uncertainty About Time When Sexual Offence Against Child Occurred and is extracted below.

For expert advice and outstanding representation from Australia’s Most Awarded Criminal Defence Firm, call Sydney Criminal Lawyers® today on (02) 9261 8881 and let our experienced defence team help you.

The Legislation

Section 80AF of the Crimes Act 1900 deals with the offence of ‘Uncertainty About Time When Sexual Offence Against Child Occurred’ and reads as follows:

80AF Uncertainty About Time When Sexual Offence Against Child Occurred

(1) This section applies if:

(a) it is uncertain as to when during a period conduct is alleged to have occurred, and

(b) the victim of the alleged conduct was for the whole of that period a child, and

(c) there was no time during that period that the alleged conduct, if proven, would not have constituted a sexual offence, and

(d) because of a change in the law or a change in the age of the child during that period, the alleged conduct, if proven, would have constituted more than one sexual offence during that period.

(2) In such a case, a person may be prosecuted in respect of the conduct under whichever of those sexual offences has the lesser maximum penalty regardless of when during that period the conduct actually occurred, and in prosecuting that offence:

(a) any requirement to establish that the offence charged was in force is satisfied if the prosecution can establish that the offence was in force at some time during that period, and

(b) any requirement to establish that the victim was of a particular age is satisfied if the prosecution can establish that the victim was of that age at some time during that period.

(3) In this section:

“child” means a person who is under the age of 16 years.

“sexual offence” means the following offences regardless of when the offence occurred:

(a) an offence under a provision of this Division or Division 10A, 10B, 15 or 15A,

(b) an offence under a provision of this Act set out in Column 1 of Schedule 1A,

(c) an offence (whether under section 344A or otherwise) of attempting to commit any offence referred to in paragraph (a) or (b),

(d) an offence under a previous enactment that is substantially similar to an offence referred to in paragraphs (a)-(c).

Why Sydney Criminal Lawyers®?

Being charged with Uncertainty About Time When Sexual Offence Against Child Occurred can have a detrimental impact on your life, career and your professional reputation.

But by arming yourself with the best possible defence, you can avoid these potential consequences.

At Sydney Criminal Lawyers®, our lawyers are experts in the field of criminal and traffic law.

Our unparalleled knowledge of the law, coupled with years of experience fighting some of the most difficult criminal cases puts our clients at a leading advantage when it comes to securing a positive outcome in your case.

Our lawyers will carefully examine all the evidence in order to identify any possible weaknesses with the prosecution case.

Where problems are identified, our lawyers can write to police and push to have the charges dropped before your matter reaches a defended hearing.

Alternatively, if you wish to fight the charges in court, our senior lawyers will assist you in identifying and raising any possible defences.

Our experienced advocates will fight hard to win your case by presenting any favourable evidence in a compelling manner in court and casting doubt on the prosecution case.

We offer a FREE first conference with our lawyers to help you understand your options – so give us a call now on (02) 9261 8881 and take the first step in fighting your matter.

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Search Our Site enter search term and press GO

Saved Articles & Pages

APPOINTMENT BOOKING FORM * mandatory fields

Preferred date for conference
Preferred time for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)