Kim is 12 years old - HSC - SSCE Legal Studies - Question 18 - 2014 - Paper 1
Question 18
Kim is 12 years old. She has been accused of shoplifting from a major retail store. The matter has proceeded to court.
Which of the following applies to Kim?
(A) S... show full transcript
Worked Solution & Example Answer:Kim is 12 years old - HSC - SSCE Legal Studies - Question 18 - 2014 - Paper 1
Step 1
Answer (A) She will have a criminal record.
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Answer
This statement is false. In most jurisdictions, individuals under a certain age, such as 12, typically cannot be charged with a crime in a way that results in a criminal record.
Step 2
Answer (B) Her case will be heard in the Local Court.
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This statement is usually false for cases involving minors accused of less serious offenses. Depending on the jurisdiction, cases involving children often go through juvenile courts, not local courts.
Step 3
Answer (C) She is presumed to be incapable of committing the offence.
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This statement is true. Individuals below a certain age are generally considered incapable of criminal responsibility, which means they cannot be held legally accountable for their actions.
Step 4
Answer (D) She is below the age of criminal responsibility and will be acquitted.
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This statement is partially true; while she is below the age of criminal responsibility, the term 'acquitted' is not applicable since it implies a trial outcome. However, she will not face criminal charges.
