New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 80AF

80AF Uncertainty about time when sexual offence against child occurred

(1) This section applies if--

(a) it is uncertain as to when during a period conduct is alleged to have occurred, and

(b) the complainant in relation to the alleged conduct was for the whole of that period a child, and

(c) there was no time during that period that the alleged conduct, if proven, would not have constituted a sexual offence, and

(d) because of a change in the law or a change in the age of the child during that period, the alleged conduct, if proven, would have constituted more than one sexual offence during that period.

(2) In such a case, a person may be prosecuted in respect of the conduct under any of those sexual offences (except one that has a higher maximum penalty than any one or more of the other offences) regardless of when during that period the conduct actually occurred.

(2A) In prosecuting an offence referred to in subsection (2)--

(a) any requirement to establish that the offence charged was in force is satisfied if the prosecution can establish that the offence was in force at some time during that period, and

(b) any requirement to establish that the complainant was of a particular age is satisfied if the prosecution can establish that the complainant was of that age at some time during that period.

(3) In this section--

"child" means a person who is under the age of 16 years.

"sexual offence" means the following offences regardless of when the offence occurred--

(a) an offence under a provision of this Division or Division 10A, 10B, 15 or 15A,

(b) an offence under a provision of this Act set out in Column 1 of Schedule 1A,

(c) an offence (whether under section 344A or otherwise) of attempting to commit any offence referred to in paragraph (a) or (b),

(d) an offence under a previous enactment that is substantially similar to an offence referred to in paragraphs (a)-(c).