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Not Providing Wife, Child or Servant with Food

The Maximum penalty for the offence of Not Providing Wife, Child or Servant with Food is 5 years imprisonment.

Prosecution to prove

The Police must prove each of the following matters beyond a reasonable doubt.

  1. The accused was legally liable to provide food for the victim;
  2. The victim was the accused’s wife, child or an insane person;
  3. The accused neglected to provide necessary food to the victims, such that the victim’s life was or was likely to be endangered or victim’s health was or was likely to be seriously injured; and
  4. The acts of the accused were willlful and without lawful excuse.

It will be necessary for the Police to prove that the accused was the person who committed the 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
  • Level 29, Chifley Tower, 2 Chifley Square, Sydney NSW 2000
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  • Phone: 02 9216 9055
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  • Fax: 02 9212 0266
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