Unit 1 VCE Legal Studies Criminal law ‘At what age can you?....

Sexting Sexting or using a computer, phone or mobile device to send intimate, sexual, nude or explicit images of yourself or another person can be a crime. For example it is illegal to send an intimate image of an adult without their consent or a person aged under 18 (even with their consent). However, there are exceptions to this law to protect young people from prosecution (and being potentially placed on the sex offenders register), for example, you will not be prosecuted if the image shows you with another person who is no more than 2 years younger than you (unless the image show you committing a crime) or if the image shows a crime being committed against you (like a sexual assault).

Get a Tattoo or Piercing You must be 18 to get a tattoo or have ‘scarring’ or ‘intimate’ body piercing (with the exception if it is done for medical reasons)- and the offending operator will be fined. You can get non- initiate piercings (e.g. ears, nose, lip) if you are aged between 10 and < 16 but must have permission (e.g. a note) you're your parent/guardians.

Alcohol You must be 18 to purchase alcohol or consume alcohol in licensed premises unless in company of a parent or guardian or having a meal. If you are serving alcohol to young people aged under 18 at a party their parents must have given written permission.

Smoking It is illegal for anyone to sell cigarettes to a person aged under 18 or for someone to buy them for you. It is not a crime to possess cigarettes if you are under 18 but your school can suspend you. In Victoria there is a range of laws making it illegal to smoke in certain places such as restaurants, pubs, public transport, hospitals, sporting facilities, patrolled beaches, near children’s playgrounds or skate parks etc. A person who breaks these laws may receive a $150 on the spot fine.

Leave School Leaving School: Generally you must stay at school until you have completed Year 10. Once you have completed year 10 you can leave school provided you complete 25 hours per week in employment, training and/or education (e.g. Tafe) until you are 17. You may leave school before year 10 in special circumstances including: if you receive regular and ‘appropriate’ home schooling, there is no gov’t school within 5 km and you are completing school via correspondence, very ill and unable to attend.  

Get a job Working: Generally you cannot be work in most types of employment until you turn 13 and special conditions apply if you are aged under 15 (e.g. you must have a ‘Child Employment Permit, the employer must have a police check and can only employ you to work 3 hrs per day (up to 12 hrs per week) during a school term). Obviously young people can work in a family business or the entertainment industry at any age but it must be supervised and light work that does not interfere with schoolwork. You can also deliver advertising brochures etc. once you turn 11.

Solariums Never! As from 1 Jan 2015 it is illegal for any business to operate ultraviolet sun tanning equipment in Victoria. [Prior to this recent law change a person aged under 16 or any person will fair skin that burns was banned from using such equipment. Those aged between 16 and 17 needed their parent’s consent].

Age Criminally Responsible Case Study - The Age of Criminal Responsibility In February 2015, an 11-year-old boy was charged with murder after a 26-year-old man was killed in a 3.00am brawl involving around 20 people outside Elizabeth Quay station (a bus-rail interchange) in Perth. The boy is the youngest known person to be charged with murder in Australia. In addition to the 11 year-old, two other men, both aged 19 years, were also charged with murder after the victim was fatally stabbed. This case has reignited debate over the age of criminal responsibility throughout Australia, which at the age of 10 years throughout each state and territory, is two years lower than the age of 12 years recommended by the United Nations Committee on the Rights of the Child. Although any child aged between 10 and 14 years can only be considered capable of committing a crime if the prosecution can establish that they were capable of and understood their actions were wrong (a legal principle known as the ‘presumption of doli incapax’).

Age Criminally Responsible Interestingly Australia’s age of criminal responsibility is among the lowest although ages vary. For example, 33 states in the USA set no minimum age of criminal responsibility (although most impose a ‘capacity’ test) while among the states that do set an age North Carolina has the lowest at 7 years. Other countries including most Canada, Ireland, and most European countries have an age of criminal responsibility between 12 – 16 years. Going against a trend to increase the age of criminal responsibility, England and Wales also the age set at 10 years, although unlike Australia the need for a child aged between 10 and 14 years to understand their actions were wrong was abolished almost 30 years ago, in 1998, after an infamous case in 1993 in which two 10 year old boys (Robert Thompson and Jon Venables) were convicted and imprisoned for the abduction and brutal murder of a 3 year old boy, James Bulger.

Practice ‘Mooning’ Anti-mooning laws. As of 2016, it is illegal to ‘moon’ or expose your bare buttocks in public (or anal or genital region). The law is specifically designed to protect the community from behaviour that is considered indecent, obscene or threatening. The maximum penalty is a $1500 fine or two-months imprisonment.

Own a gun? A young person aged under 18 cannot lawfully own or buy in Australia (including a replica gun). However, young people aged 12 or over can apply for a licence to use a gun (for the purpose of learning how to use a gun or sport) with another adult who also possess a gun licence. A licence can be obtained from the police if certain conditions are met including having written consent of a parent, having completed an approved firearms safety course, being a member of an approved shooting club and being a responsible person.

Carry a weapon In Victoria it is illegal to carry a ‘weapon’ such as a knife (including a Swiss army or kitchen knife), bayonet/spear or baton/club without a ‘lawful excuse’ (which could include having the item for sport, work or exhibition). It is also illegal to carry other weapons (such as swords, knuckle dusters, mace or capsicum spray, slingshots, studded gloves) without police permission. [Link to Landmark Case: Deing V Tarola (1990)]

Discussion questions Discuss whether or not you agree with the age limit set for each of the areas of law examined in the slides. Examine and discuss the concept of a “Nanny State”. Are we ‘over governed’? Are there too many laws that restrict our personal freedom? Discuss examples of laws that may be viewed by some as over controlling, unnecessary or restrict personal freedom and choice (e.g. laws relating to plain packaging of cigarettes laws, 1.00am lock outs and last drinks, no jab no play, wearing bicycle helmets, preventing local traders selling food and drinks on the waterfront and beaches and the banning advertising of alcohol at sports events).