s 42 Ill-treatment
42.—(1) Subsection (2) applies if a person (“D”) —(a) has the care of a person (“P”) who lacks, or whom D reasonably believes to lack, capacity; (b) is the donee of a lasting power of attorney created by P; or (c) is a deputy appointed by the court for P, and P is 16 years of age or above. (2) D shall be guilty of an offence if D ill-treats or causes, procures or knowingly permits P to be ill-treated by any other person. (3) For the purposes of this section, D ill-treats P if D —(a) subjects P to physical or sexual abuse; (b) wilfully or unreasonably does, or causes P to do, any act which endangers or is likely to endanger the safety of P or which causes or is likely to cause P —(i) any unnecessary physical pain, suffering or injury; (ii) any emotional injury; or (iii) any injury to P’s health or development; or (c) wilfully or unreasonably neglects, abandons or exposes P with full intention of abandoning P or in circumstances that are likely to endanger the safety of P or to cause P —(i) any unnecessary physical pain, suffering or injury; (ii) any emotional injury; or (iii) any injury to P’s health or development. (4) For the purpose of subsection (3)(c), D is deemed to have neglected P in circumstances likely to cause P unnecessary physical pain, suffering or injury or emotional injury or injury to P’s health or development if D wilfully or unreasonably neglects to provide adequate food, clothing, medical aid, lodging, care or other necessities of life for P. (5) D may be convicted of an offence under this section notwithstanding —(a) that any actual suffering or injury on the part of P or the likelihood of any suffering or injury on the part of P was obviated by the action of another person; or (b) the death of P. (6) Subject to subsection (7), any person who is guilty of an offence under this section shall be liable on conviction —(a) in the case where death is caused to P, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 14 years or to both; and (b) in any other case, to a fine not exceeding $8,000 or to imprisonment for a term not exceeding 8 years or to both.[15/2019] (7) The court may, in lieu of or in addition to any punishment specified in subsection (6), order the person guilty of an offence under this section to execute a bond, with or without sureties, as the court may determine, to be of good behaviour for such period as the court thinks fit, and may include in such bond a condition requiring the person to undergo such counselling, psychotherapy or other programme as may be specified therein. (8) If a person who is ordered to execute a bond of good behaviour under subsection (7) fails to comply with any of the conditions of the bond, the person shall —(a) if the bond is in lieu of a penalty under subsection (6), be liable to the penalty provided for in that subsection; or (b) if the bond is in addition to a penalty under subsection (6), be liable to a further fine not exceeding $20,000 or to a further term of imprisonment not exceeding 7 years or to both. (9) In this section, “court” means any court of competent jurisdiction.