Penalty for Fail to Provide for Child Cause Danger of Serious Injury or Death | Section 43A(2) Crimes Act NSW


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The maximum penalty for the offence of “fail to provide for child cause danger of serious injury or death”

According to the Judicial Commission of NSW, the actual penalties imposed for the offence are as follows:

Local Court:

Section 43A(2) fail to provide for child cause danger of serious injury or death

  • Prison: 30%
  • Section 9 Bond (now community correction order): 30%
  • Suspended Sentence (no longer available): 20%
  • Community Service Order (now community correction order): 10%
  • ICO: 10%

The average prison sentence for the offence is 20 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 7.5 months in prison.

District and Supreme Court:

Section 43A(2) fail to provide for child cause danger of serious injury or death

  • Prison: 60%
  • Section 9 Bond (now community correction order): 40%

The average prison sentence for the offence is 30 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 15 months in prison.

Section 43A(2) accessory before the fact to fail to provide for child cause danger of serious injury or death

  • Prison: 100%

The average prison sentence for the offence is 14 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 7 months in prison.