What is the maximum age at which a child cannot be charged with a crime in New South Wales?

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In New South Wales, the legal framework establishes that a child under the age of 10 cannot be held criminally responsible for their actions, meaning they cannot be charged with a crime. This principle is rooted in the understanding that children at this age are presumed not to have the capacity to fully understand the nature of their actions or the consequences that follow.

The rationale for this age limit is based on developmental psychology, which suggests that younger children do not possess the cognitive and moral reasoning abilities necessary to engage in criminal behavior intentionally. Therefore, the law provides them with this protection, ensuring that they are not exposed to the criminal justice system.

Once a child reaches the age of 10, they can be charged with a crime, although the legal system still considers the age and maturity of the offender when determining appropriate responses and penalties. This gradual approach recognizes the developmental differences in children as they grow.

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