Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p14
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 14/97)
Character Range: 1644895–1647608

section 13.4.

Aggravated offence involving sexual activity—belief that child did not have mental impairment
 (3) It is a defence to a prosecution for an offence against subsection 474.25B(1) (as that subsection applies because of subparagraph 474.25B(1)(b)(i)) if the defendant proves that, at the time the defendant committed the offence, he or she believed that the child did not have a mental impairment.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.

Procuring and "grooming" offences involving child engaging in sexual activity with other participant—belief that participant under 18 years of age
 (4) It is a defence to a prosecution for an offence against subsection 474.26(2) or (3), 474.27(2) or (3) or 474.27AA(2) or (3) if the defendant proves that, at the time the communication was transmitted, he or she believed that the participant was under 18 years of age.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.

Offences involving transmission of communication—belief that certain persons at least 16 years of age
 (5) It is a defence to a prosecution for an offence against section 474.26, 474.27 or 474.27A if the defendant proves that, at the time the communication was transmitted, he or she believed that the recipient was at least 16 years of age.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.
 (5A) It is a defence to a prosecution for an offence against section 474.27AA if the defendant proves that, at the time the communication was transmitted, the defendant believed that the child was at least 16 years of age.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.

Trier of fact may take into account whether belief reasonable
 (6) In determining whether the defendant had the belief mentioned in one of the preceding subsections of this section, the trier of fact may take into account whether the alleged belief was reasonable in the circumstances.

474.29AA  Sentencing
 (1) In determining the sentence to be passed, or the order to be made, in respect of a person for an offence against this Subdivision, the court must take into account the following matters:
 (a) the age and maturity of the person in relation to whom the offence was committed;
 (b) if that person was under 10 when the offence was committed—that fact as a reason for aggravating the seriousness of the criminal behaviour to which the offence relates;
 (c) the number of people involved in the commission of the offence.
 (2) However, the court need only take into account a matter mentioned in