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.

Which court will hear your Not providing wife, child or servant with food charge in NSW:

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 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. Click here to learn more about identification evidence.

Possible defences for Not providing wife, child or servant with food

Possible defences to this offence include but are not limited to


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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