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Causing Harm to a Child Due to Exposure to Unlawful Manufacturing

Causing harm to a child due to exposure to unlawful manufacturing is an offence under section 310.3 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 caused harm to a person
  3. The person was under the age of 14 years
  4. The harm was caused by exposure to the manufacture of a controlled drug or controlled precursor, and
  5. The manufacture was an offence under the Act.

The prosecution does not need to prove you were involved in the manufacturing process.

If 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 harm to a child, but you went ahead with your actions regardless.

Duress and necessity are defences to the charge.

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