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Abandoning or Exposing a Child Under 7 Years

Abandoning or Exposing a Child Under 7 Years is an offence under Section 43 of the Crimes Act 1900 which carries a maximum penalty of 5 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You were responsible for a child under the age of 7 years
  2. You intentionally abandoned or exposed that child
  3. Your conduct caused the danger of death or serious injury to the child, and
  4. You did not have a reasonable excuse for your conduct

Defences to the charge include:

  1. Duress
  2. Necessity, and
  3. Mental illness

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