§ 304C — Causing or allowing death of child below 14 years of age, domestic worker or vulnerable person in same household

304C.—(1) A person (A) shall be guilty of an offence if —(a)

a person below 14 years of age, a domestic worker or a vulnerable person (B) dies as a result of the unlawful act of a person who —(i)

was a member of the same household as B; and

(ii)

had frequent contact with B;

(b)

A was a member of the same household as B, and had frequent contact with B at the time of that act;

(c)

at that time there was a significant risk of grievous hurt being caused to B by the unlawful act of such a person; and

(d)

either A was the person whose act caused B’s death or —(i)

A was, or ought to have been, aware of the significant risk mentioned in paragraph (c);

(ii)

A failed to take such steps as A could reasonably have been expected to take to protect B from the significant risk; and

(iii)

the unlawful act occurred in circumstances of the kind that A foresaw or ought to have foreseen.[15/2019]

(2) The prosecution does not have to prove whether it is the first alternative element in subsection (1)(d) or the second alternative element (sub‑paragraphs (i), (ii) and (iii) of subsection (1)(d)) that applies.[15/2019]

(3) A is not guilty of an offence under this section if A could not have been expected in A’s circumstances to take any such step as is mentioned in subsection (1)(d)(ii).[15/2019]

(4) Any person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.[15/2019]

(5) For the purposes of this section —(a)

a person is to be regarded as a “member” of a particular household, even if that person does not live in that household, if that person visits it so often and for such periods of time that it is reasonable to regard him as a member of the particular household;

(b)

where B lived in different households at different times, “the same household as B” refers to the household in which B was living at the time of the act that caused B’s death;

(c)

an “unlawful” act, other than an act by A, is one that constitutes an offence or would constitute an offence but for being the act of —(i)

a person below the age specified in section 82;

(ii)

a person of the age specified in section 83 who had not attained sufficient maturity of understanding to judge of the nature and consequence of the act;

(iii)

a person entitled to rely on a defence of unsoundness of mind;

(iv)

a person entitled to rely on a defence of intoxication; or

(v)

a person entitled to rely on a defence of mistake of fact;

(d)

“domestic worker” and “vulnerable person” have the meanings given by sections 73(4) and 74A(5), respectively; and

(e)

the circumstances mentioned in subsection (3) include but is not limited to A’s past or present experiences of suffering neglect, hurt, grievous hurt, sexual abuse or any injury to A’s mental health as a result of an unlawful act by any member of the same household as A.[15/2019]

—(1) A person (A) shall be guilty of an offence if —(a)

a person below 14 years of age, a domestic worker or a vulnerable person (B) dies as a result of the unlawful act of a person who —(i)

was a member of the same household as B; and

(ii)

had frequent contact with B;

(b)

A was a member of the same household as B, and had frequent contact with B at the time of that act;

(c)

at that time there was a significant risk of grievous hurt being caused to B by the unlawful act of such a person; and

(d)

either A was the person whose act caused B’s death or —(i)

A was, or ought to have been, aware of the significant risk mentioned in paragraph (c);

(ii)

A failed to take such steps as A could reasonably have been expected to take to protect B from the significant risk; and

(iii)

the unlawful act occurred in circumstances of the kind that A foresaw or ought to have foreseen.[15/2019]

(2) The prosecution does not have to prove whether it is the first alternative element in subsection (1)(d) or the second alternative element (sub‑paragraphs (i), (ii) and (iii) of subsection (1)(d)) that applies.[15/2019]

(3) A is not guilty of an offence under this section if A could not have been expected in A’s circumstances to take any such step as is mentioned in subsection (1)(d)(ii).[15/2019]

(4) Any person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.[15/2019]

(5) For the purposes of this section —(a)

a person is to be regarded as a “member” of a particular household, even if that person does not live in that household, if that person visits it so often and for such periods of time that it is reasonable to regard him as a member of the particular household;

(b)

where B lived in different households at different times, “the same household as B” refers to the household in which B was living at the time of the act that caused B’s death;

(c)

an “unlawful” act, other than an act by A, is one that constitutes an offence or would constitute an offence but for being the act of —(i)

a person below the age specified in section 82;

(ii)

a person of the age specified in section 83 who had not attained sufficient maturity of understanding to judge of the nature and consequence of the act;

(iii)

a person entitled to rely on a defence of unsoundness of mind;

(iv)

a person entitled to rely on a defence of intoxication; or

(v)

a person entitled to rely on a defence of mistake of fact;

(d)

“domestic worker” and “vulnerable person” have the meanings given by sections 73(4) and 74A(5), respectively; and

(e)

the circumstances mentioned in subsection (3) include but is not limited to A’s past or present experiences of suffering neglect, hurt, grievous hurt, sexual abuse or any injury to A’s mental health as a result of an unlawful act by any member of the same household as A.[15/2019]