Failure to provide necessities of life

The maximum penalty for the charge of failure to provide necessities of life (Section 44 of the Crimes Act) is 5 years imprisonment.

Prosecution to prove

To convict you of a failure to provide necessities of life charge, the police must prove each of the following matters beyond a reasonable doubt:

1. You were legally liable to provide the victim with the necessities of life;
2. You intentionally or recklessly neglected to provide the necessities of life to the victim.
3. Your failure caused a danger of death or serious injury, or the likelihood of serious injury, to the victim.
4. Your acts were without reasonable excuse.

They will also need to prove that you were the person who committed the failure to provide necessities of life offence.

Penalties

The court can impose any of the following penalties:

• Section 10 Crimes (Sentencing Procedure) Act-charge found proven but dismissed.
• Community Service Order.
• Intensive Correction Order (previously known as periodic detention)
• Fine
• Good Behaviour bond.
• Suspended sentence
• Home detention
• Prison Sentence

District Court

Based on statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid- range of seriousness for the offence of failure to provide necessities of life, if heard in the District Court, is likely to be a bond under section 10 of the Crimes (Sentencing Procedure) Act.