Failure of Parent to Care for Child
Failure of Parent to Care for a Child is an offence under Section 43A 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:
- You had parental responsibility for a child
- You intentionally or recklessly failed to provide the child with the ‘necessities of life’, and
- You did not have a ‘reasonable excuse’ for your conduct
A ‘child’ is defined as a person under the age of 16.
Necessities of life include:
- Sufficient nutrition,
- Shelter, and
- Required medical care
Defences to the charge include:
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