Andrew is 15 years old and is caught shoplifting - HSC - SSCE Legal Studies - Question 9 - 2018 - Paper 1
Question 9
Andrew is 15 years old and is caught shoplifting.
Which of the following is correct in Andrew’s case?
A. He may have a conviction recorded.
B. He cannot be charged... show full transcript
Worked Solution & Example Answer:Andrew is 15 years old and is caught shoplifting - HSC - SSCE Legal Studies - Question 9 - 2018 - Paper 1
Step 1
A. He may have a conviction recorded.
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Answer
In Australia, a minor (under 18 years) may be charged with an offence and could potentially have a conviction recorded. The Youth Justice system allows for these matters to be dealt with differently than adult offenders, but it is possible for a conviction to occur.
Step 2
B. He cannot be charged with the offence.
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Answer
This statement is incorrect. Minors can indeed be charged with offences, including shoplifting, under the relevant laws.
Step 3
C. His case will be heard in the Local Court.
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Answer
While minor offences might typically be addressed in a Local Court or a Youth Court, the specific court handling the case can depend on state laws and the severity of the offence.
Step 4
D. He is presumed to be incapable of committing the offence.
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Answer
This statement is misleading. Minors can be held legally responsible for their actions, though there may be consideration of their age in sentencing or prosecution.
