Failure to Provide the Necessities of Life

The Law

According to s44 Crimes Act 1900 (NSW):

A person:

1. who is under a legal duty to provide another person with the necessities of life, and
2. who, without reasonable excuse, intentionally or recklessly fails to provide that person with the necessities of life,

is guilty of an offence if the failure causes a danger of death or causes serious injury, or the likelihood of serious injury, to that person.

Jurisdiction / Case Law

An offence of Failure to Provide the Necessities of Life is what is known as a Table 1 offence under the relevant legislation, which means it is to be dealt with in the Local Court unless an election is made, it is to be dealt with on indictment by the Department of Public Prosecutions (DPP).

The nature and elements of what is a reasonable excuse were considered in Taikato v R (1996) 186 CLR 454 at 464. In that case it was held that what is a reasonable excuse depends not only on the circumstances of the individual case but also on the purpose of the proviso to which the defence of “reasonable excuse” is an exception. Reasonable excuse is a broader concept than “lawful excuse” See Attorney-General (Cth) v Breckler (1999) 197 CLR 83 at 102-103.

What must the prosecution prove?

Since Failure to Provide the Necessities of Life is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove the Accused’s guilt beyond reasonable doubt. That is a high standard of proof that the prosecution must achieve before someone can be convicted.

To establish Failure to Provide the Necessities of Life, the prosecution must prove each of the following matters beyond reasonable doubt:

• You were legally liable to provide the victim with the necessities of life;
• You intentionally or recklessly neglected to provide the necessities of life to the victim.
• Your failure caused a danger of death or serious injury, or the likelihood of serious injury, to the victim.
• 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.

If you are charged with the offence of Failure to Provide the Necessities of Life, what are your options?

National Criminal Lawyers (NCL) have been successful in defending multiple Failure to Provide charges where the prosecution could not establish each of the elements to the required threshold of beyond reasonable doubt. We have also achieved several non-convictions for these charges for those who are found guilty or plead guilty.

It is for that reason that National Criminal Lawyers are the preferred specialist criminal solicitors in Sydney.

Our Senior Criminal Defence Lawyers, headed by Michael Moussa, one of Sydney’s Best Criminal Lawyers, will ensure that your case is closely examined to achieve the best of results.

NCL offer the following options for those who have been charged with Failure to Provide the Necessities of Life:

1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that the prosecution has not proven its case beyond reasonable doubt;
3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Please contact us now for more information about your options.