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Failure of persons to provide necessities of life

Offence title:

 

Failure of persons to provide necessities of life

Act:

 

44 Crimes Act (NSW)

Offence:

A person—

(a)   who is under a legal duty to provide another person with the necessities of life, and

(b)   who, without reasonable excuse, intentionally or recklessly fails to provide that person with the necessities of life,

is guilty of an offence if the failure causes a danger of death or causes serious injury, or the likelihood of serious injury, to that person.

 

Penalty:

 

Imprisonment for 5 years.

 

Summary/Indictable/mixed:

 

Mixed

 

Jurisdiction:

 

Local, District or Supreme Court

 

How committed:

 

A parent who fails to provide food or milk to a baby

 

Important note:

A person cannot be found guilty of both an offence against section 43A [Failure of persons with parental responsibility to care for child] and an offence against this section in respect of the same act or omission.

 

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