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Causing Danger to a Child Due to Exposure to Unlawful Manufacturing

Causing Danger to a Child Due to Exposure to Unlawful Manufacturing is an offence under section 310.2 of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 9 years in prison.

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

  1. You engaged in conduct
  2. Your conduct gave rise to the danger of serious harm to a person
  3. The person was under the age of 14 years
  4. The danger existed because the child was exposed to the manufacture of a controlled drug or controlled precursor, and
  5. The manufacture was an offence under the Act.

Your conduct must give rise to a real, not merely a theoretical, danger of serious harm, but the offence may be established even if the statistical or arithmetical probability of the serious harm is low and even if you were not directly involved in the manufacturing process.

The risk of catching a disease can amount to the danger of serious harm.

The prosecution does not have to prove that the child was placed in actual danger.

In cases where your conduct is alleged to be an omission.

The relevant fault element is ‘recklessness’, which means you were aware it was likely that your failure to do something could result in the danger of serious harm but you went ahead with your actions regardless.

Duress and necessity are defences to the charge.

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