Section 13 of the Criminal Code of Canada (“the Code”) provides that no person shall be convicted of an offence while that person was under the age of twelve. Age is measured by chronological age and not according to intellectual capacity. Although the Code exempts a child from criminal liability, an adult may still be found to be a party to an offence committed by someone less than twelve years of age.
The above is the an excerpt of Patrick J Ducharme’s book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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