Not Providing Wife, Child Or Servant With Food

The Law

Section 44 of Crimes Act 1900 states: 

Whosoever:

1. being legally liable to provide any wife, apprentice, or servant or any insane person with necessary food, clothing, or lodging, wilfully and without lawful excuse refuses
2. or neglects to provide the same, or
3. maliciously does, or causes to be done, any bodily harm to any wife, apprentice or servant, or to any insane person
4. so that, in any such case, his or her life is endangered, or his or her health becomes or is likely to be seriously injured, shall be liable to imprisonment for five years.

 

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Maximum Penalty

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

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What the police must prove

In order for the Police to prove their case at Court, they 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 willful and without lawful excuse.

It will be necessary for the police in every offence to prove that the accused was the person who committed the offence. 

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Possible defences

Possible defences to this offence include but are not limited to

1. Duress
2. Necessity
3. Self Defence

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What court is likely to hear the matter 

This matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court.  If no election is made it will be dealt with in the Local Court.

 

Disclaimer

The information contained in this page was accurate at the time it was published. You should confirm the accuracy of this information with us or another solicitor before relying upon it. For free confirmation please contact Armstrong Legal.

It is most important that you understand that each criminal case is different. While the material in this page is intended to be relevant to the majority of cases, it may not apply to every case.