Clause 83

Whoever causes the death of any child, domestic worker or vulnerable person by sustained abuse shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.(2) In this section —“child” means a person below 14 years of age;“domestic worker”, “employer” and “employment agent” have the meanings given by section 73(4);“neglect” means the failure by a relevant person to provide any or adequate essential care (such as but not limited to food, clothing, medical aid, lodging and other necessities of life) to the extent of causing personal injury or physical pain to, or injury to the physical health of any child, domestic worker or vulnerable person;“relevant person” means —

in the case of a child, a person who has custody, charge or care of the child;

in the case of a domestic worker, the employer of the domestic worker or the employment agent of the domestic worker; and

in the case of a vulnerable person, a person who has custody, charge or care of the vulnerable person;“sustained abuse” means a course of conduct which consists of voluntarily causing hurt or knowingly causing neglect, or both, of a child, domestic worker or vulnerable person on —

2 or more occasions; or

a single occasion if the conduct is protracted;“vulnerable person” has the meaning given by section 74A(5).Causing or allowing death of child below 14 years of age or vulnerable person in same household304C.—

A person (A) shall be guilty of an offence if —

a person below 14 years of age or a vulnerable person (B) dies as a result of the unlawful act of a person who —

was a member of the same household as B; and

had frequent contact with B;

A was a member of the same household as B, and had frequent contact with B at the time of that act;

at that time there was a significant risk of grievous hurt being caused to B by the unlawful act of such a person; and

either A was the person whose act caused B’s death or —

A was, or ought to have been, aware of the significant risk mentioned in paragraph (c);

A failed to take such steps as A could reasonably have been expected to take to protect B from the significant risk; and

the unlawful act occurred in circumstances of the kind that A foresaw or ought to have foreseen.(2) The prosecution does not have to prove whether it is the first alternative element in subsection (1)(d) or the second alternative element (sub‑paragraphs (i), (ii) and (iii) of subsection (1)(d)) that applies.(3) A is not guilty of an offence under this section if A could not have been expected in A’s circumstances to take any such step as is mentioned in subsection (1)(d)(ii).(4) Any person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.(5) For the purposes of this section —

a person is to be regarded as a “member” of a particular household, even if that person does not live in that household, if that person visits it so often and for such periods of time that it is reasonable to regard him as a member of the particular household;

where B lived in different households at different times, “the same household as B” refers to the household in which B was living at the time of the act that caused B’s death;

an “unlawful” act, other than an act by A, is one that constitutes an offence or would constitute an offence but for being the act of —

a person below 10 years of age;

a person of or above 10 years of age but below 12 years of age who had not attained sufficient maturity of understanding to judge of the nature and consequence of the act;

a person entitled to rely on a defence of unsoundness of mind;

a person entitled to rely on a defence of intoxication; or

a person entitled to rely on a defence of mistake of fact;

“vulnerable person” has the meaning given by section 74A(5); and

the circumstances mentioned in subsection (3) include but is not limited to A’s past or present experiences of suffering neglect, hurt, grievous hurt, sexual abuse or any injury to A’s mental health as a result of an unlawful act by any member of the same household as A.”.