South Australian Numbered Acts South Australian Numbered ActsAfter section 13A insert:
Division 1A—Criminal neglect
14—Criminal liability for neglect where death or serious harm results
from unlawful act
(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 serious harm as a
result of an unlawful 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 serious harm would be caused to the victim by the unlawful 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 15 years; or
(b)
where the victim suffers serious harm—imprisonment for 5 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
unlawful act that caused the victim's death or serious harm; but
(b) the
unlawful act can only have been the act of the defendant or some other person
who, on the evidence, may have committed the unlawful act,
the jury may find the defendant guilty of the charge of criminal neglect even
though of the opinion that the unlawful act may have been the act of the
defendant.
(3) For the purposes
of this section, the defendant has a duty of care to the victim if the
defendant is a parent or guardian of the victim or has assumed responsibility
for the victim's care.
(4) In this
section—
"act" includes—-
(a) an
omission; and
(b) a
course of conduct;
"child" means a person under 16 years of age;
"serious harm" means—
(a) harm
that endangers, or is likely to endanger, a person's life; or
(b) harm
that consists of, or is likely to result in, loss of, or serious and
protracted impairment of, a part of the body or a physical or mental function;
or
(c) harm
that consists of, or is likely to result in, serious disfigurement;
"unlawful"—an act is unlawful if it—
(a)
constitutes an offence; or
(b)
would constitute an offence if committed by an adult of full legal capacity;
"vulnerable adult" means a person aged 16 years or above whose ability to
protect him/herself from an unlawful act is significantly impaired through
physical or mental disability, illness or infirmity.