CPT Offences Flashcards
(13 cards)
Assault on a Child Elements
CA61; S194
- Every one who
- Assaults any child under the age of 14 years; or
- Being a male, assaults any female.
Parental control - Police not prosecute when …
S59 CA1961
the offence is considered to be so inconsequential that there is no public interest in proceeding with a prosecution.
Ill treatment or neglect of child or vulnerable adult
Elements
CA61 S195
- Every one who,
- Being a person described in subsection (2),
- Intentionally engages in conduct that, or omits to discharge or perform any legal duty
- The omission of which, is likely to cause suffering, injury, adverse effects to health, or any mental disorder or disability to a child or vulnerable adult (the victim)
- If the conduct engaged in, or the omission to perform the legal duty, is a major departure from the standard of care to be expected of a reasonable person.
Regarding S195 - Ill treatment or neglect of child or vulnerable adult - Who are the people that S195 is referring to?
(essentially ss2)
- A person who has actual care or charge of the victim; or
- A person who is a staff member of any hospital, institution, or residence where the victim resides.
Failure to protect child or vulnerable adult
Elements
CA61; S195A
- Every one who,
- Being a person described in subsection (2),
- Has frequent contact with a child or vulnerable adult (the victim) and—
- (a) knows that the victim is at risk of death, GBH, or sexual assault as the result of—
(i) an unlawful act by another person; or
(ii) an omission by another person to discharge or perform a legal duty - If, in the circumstances, that omission is a major departure from the standard of care expected of a reasonable person to whom that legal duty applies; and
(b) fails to take reasonable steps to protect the victim from that risk.
Definition of a child regarding S195A
For the purposes of section 195A, a child is a person under the age of 18 years.
What age can a person not be charged with an offence under S195A (failure to protect child or vulnerable adult)?
A person may not be charged with an offence under this section if he or she was under the age of 18 at the time of the act or omission.
To whom does the offence of failure to protect a child or vulnerable adult apply?
- Members of the same household as the victim
- People who are staff members of any hospital, institution or residence where the victim resides.
What is the mens rea and actus reus for someone to be guilty of the offence of failing to protect a child or vulnerable adult?
Mens rea - knows the victim is at risk of death, GBH or sexual assault as a result of the acts or omissions of another person
Actus reus - fails to take reasonable steps to protect the victim from that risk.
Definition of ‘same household’ for determining liability under S195A - Failure to protect child or vulnerable adult
The household in which the victim was living at the time of the act or omission giving rise to the risk of death, grievous bodily harm, or sexual assault.
Criteria for determining whether or not a person is so closely connected with a particular household as to be regarded as a member of that household
- The frequency and duration of visits to the household and
- Whether the person has a familial relationship with the victim
- Any other matters that may be relevant in the circumstances.
What is required to be proved for the offence of failing to protect a child or vulnerable adult?
- Child under 18 at the time of the offence, and
- Defendant over 18, and
- The defendant had “frequent contact”** with them, **and
- The defendant had knowledge of the risk of harm to the child
Frequent contact
- Is necessary to prove for a successful prosecution
- Is a matter of fact for the jury
