South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 14

14—Criminal neglect

        (1)         A person (the "defendant") is guilty of the offence of criminal neglect if—

            (a)         a child or a vulnerable adult (the "victim") dies or suffers harm as a result of an act; and

            (b)         the defendant had, at the time of the act, a duty of care to the victim; and

            (c)         the defendant was, or ought to have been, aware that there was an appreciable risk that harm would be caused to the victim by the act; and

            (d)         the defendant failed to take steps that he or she could reasonably be expected to have taken in the circumstances to protect the victim from harm and the defendant's failure to do so was, in the circumstances, so serious that a criminal penalty is warranted.

Maximum penalty:

            (a)         where the victim dies—imprisonment for life; or

            (b)         in any other case—imprisonment for 15 years.

        (2)         If a jury considering a charge of criminal neglect against a defendant finds that—

            (a)         there is reasonable doubt as to the identity of the person who committed the act that caused the victim's death or harm; but

            (b)         the act can only have been the act of the defendant or some other person who, on the evidence, may have committed the act,

the jury may find the defendant guilty of the charge of criminal neglect even though of the opinion that the act may have been the act of the defendant.

        (3)         If a defendant is charged with an offence against this section in respect of a course of conduct—

            (a)         it is not necessary to prove that the defendant was, or ought to have been, aware that there was an appreciable risk that harm would be caused to the victim by each act making up the course of conduct; and

            (b)         the information need not—

                  (i)         allege particulars of each act with the degree of particularity that would be required if the act were charged as an offence under a different section of this or any other Act; or

                  (ii)         identify particular acts or the occasions on which, places at which or order in which acts occurred; or

                  (iii)         identify particular acts as causing, wholly or partly, particular harm to the victim.

        (4)         A defendant may be charged with an offence against this section in respect of a course of conduct even if some of the acts making up the course of conduct occurred before the commencement of this section.