What is Failure to provide necessities of life ?

Failure to provide the necessities of life is where a person under a legal duty to provide another person with the necessities of life without reasonable excuse fails to provide that person with the necessities of life.

Case law/Jurisdiction
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 it is to be dealt with on indictment by the Department of Public Prosecutions (DPP).

The nature and elements of the 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 necessities of life  offence is a criminal offence, the burden of proof lies on the Prosecution.

As specialist criminal lawyers we always ensure the prosecution must prove each of the elements in the charge beyond reasonable doubt.

That is a high standard of proof that the prosecution must achieve before someone can be convicted of Failure to provide necessities of life .

To establish Failure to provide 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.

The Law

According to s44 Crimes Act 1900(NSW)

  • A person:

(a) who is under a legal duty to provide another person with the necessities of life, and

(b) 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.

If you are charged with the offence of Failure to provide necessities of life what are your options?

National Criminal Lawyers have been successful in defending a number of Failure to provide necessities of life  charges where the prosecution could not establish each of the elements of Failure to provide necessities of life .

NCL offer the following options for those who have been charged with Failure to provide 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 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

Fequently Asked Questions

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

2. How a Senior Defence Lawyer Can Help You Deal With Criminal Charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

If you have been charged with any Failure to provide necessities of life  offence our Team at National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.

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