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Andrew is 15 years old and is caught shoplifting - HSC - SSCE Legal Studies - Question 9 - 2018 - Paper 1

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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 jurisdictions where an individual is under the age of criminal responsibility, such as in Andrew's case at 15 years old, he may still face legal repercussions for his actions. Depending on the law, a youth may have a conviction recorded, especially if he is found guilty under youth crime legislation.

Step 2

B. He cannot be charged with the offence.

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Answer

This statement is incorrect. Although Andrew is a minor, he can still be charged with shoplifting, subject to the legal framework governing juvenile offenders in his jurisdiction.

Step 3

C. His case will be heard in the Local Court.

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Answer

Typically, cases involving minors are handled in a specialized court system, which may be separate from Local Courts. Therefore, while his case may not be heard in Local Court, it would more likely be in a court specialized for juvenile matters.

Step 4

D. He is presumed to be incapable of committing the offence.

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Answer

This statement is not accurate. While there are legal protections and considerations for minors, they are not presumed incapable of committing offences. Instead, there are different legal processes to determine accountability for juvenile offenders.

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