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.

In NSW, a court can impose any of the following penalties for a failure to provide necessities of life charge.

You’ll find a brief description of each of these penalties at the bottom of this page.

District Court

Based on our experience and 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.

Which court will hear your Failure to provide necessities of life charge in NSW:

Where the amount of prohibited drug exceeds the indictable quantity, this matter is strictly indictable which means that it can only be finalised in the District Court.

Where the amount of prohibited drug does not exceed the indictable quantity, 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.

What is the law part and the short description?

On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:

Law Part Short Description
73450 Refuse to provide necessities of life endanger life (DV)-T1
73452 Refuse to provide necessities of life endanger life-T1
73453 Refuse to provide necessities of life injure health (DV)-T1
73451 Refuse to provide necessities of life injure health-T1

What the Police Must 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.

Possible defences for Failure to provide necessities of life

Possible defences to a Indecent Assault charge include but are not limited to:

Types of penalties:

Jail: This is the most serious penalty and involves full time detention in a correctional facility. Read more.

Home Detention: As a result of amended legislation this penalty was repealed on 24 September 2018 as a standalone order but may be imposed as a condition of an Intensive Corrections Order (ICO). Home detention is an alternative to full-time imprisonment. In effect the gaol sentence is served at your address rather than in a gaol. If you receive a sentence of home detention you will be strictly supervised and subject to electronic monitoring. Read more.

Intensive Corrections Order (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service. Read more.

Suspended Sentence: As a result of amended legislation this penalty was repealed on 24 September 2018. This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years. Read more.

Community Service Order (CSO): As a result of amended legislation this penalty was repealed on 24 September 2018 and replaced with a Community Corrections Order (CCO). This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order. Read more.

Good Behaviour Bond: As a result of amended legislation this penalty was repealed on 24 September 2018 and replaced with a Community Corrections Order (CCO). This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years. Read more.

Community Corrections Orders (CCO): A CCO involves the standard conditions that an offender must not commit any offence and that the offender must appear before the court if called on to do so at any time during the term of the Community Corrections Orders (CCO). Additional conditions may be imposed at the discretion of the court, both at the time of sentence and subsequently upon application by a community corrections officer, juvenile justice officer or the offender. Read more.

Fines: When deciding the amount of a fine the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.

Section 10A: A section 10A is a conviction, with no other penalty attached to it. Read more.

Conditional Release Order (CRO): A CRO involves the standard conditions that an offender must not commit any offence and that the offender must appear before the court if called on to do so at any time during the term of the CRO. Read more.

Section 10 avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.

WHERE TO NEXT?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.

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