Causing or allowing a child or vulnerable adult to die or suffer serious physical harm Flashcards
Q: What is the purpose of the law on causing or allowing a child/vulnerable adult to die or suffer serious physical harm?
Offence deals with the situation where a child or other vulnerable person dies or suffers serious physical harm as a result of an unlawful act (or omission) of one of several people but it cannot be shown which of them actually caused the death or allowed it to occur.
Q: What type of offence is it?
Death- triable on indictment. Liable to imprisonment for life, a fine or both.
Serious physical harm- liable to imprisonment for up to 14 years, a fine or both.
Q: What is the law on causing or allowing a child/vulnerable adult to die or suffer serious physical harm?
S5 Domestic Violence, Crime and Victims Act 2004
(1) A person (‘D’) is guilty of an offence if-
(a) a child or vulnerable adult (‘V’) dies or suffers serious physical harm as a result of the unlawful act of a person who—
(i) was a member of the same household as V, and
(ii) had frequent contact with him,
(b) D was such a person at the time of that act,
(c) at that time there was a significant risk of serious physical harm being caused to V by the unlawful act of such a person, and
(d) either D was the person whose act caused the death or serious physical harm—
(i) D was, or ought to have been, aware of the risk mentioned in paragraph (c),
(ii) D failed to take such steps as he could reasonably have been expected to take to protect V from the risk, and
(iii) the act occurred in circumstances of the kind that D foresaw or ought to have foreseen
Q: What is the meaning of ‘child’?
Means a person under the age of 16 (s5(6)).
Q: What is the meaning or ‘vulnerable adult’?
Means a person aged 16 or over whose ability to protect him/herself from violence, abuse or neglect is significantly impaired through physical or mental disability or illness, through old age or otherwise (s5(6)).
It does not need to be longstanding and can be temporary eg: as a result of injury
Q: What are the elements to this offence?
- Must show that V died or suffered serious physical harm as a result of an unlawful act.
- Unlawful act in this context would also cover a course of conduct and an omission to act. An omission will generally only be unlawful if it amounts to an offence eg: an assault - Must show that there was a significant risk of serious physical harm being caused to the victim by the unlawful act
- Serious physical harm means GBH. - The unlawful act must be that of a person who fits a number of criteria:
- They must have been at the time of the act a member of the same household as the victim and had frequent contact with them.
- People will be a member of the same household if they visit it so often and for such periods of time that it would be reasonable to regard them as a member of it, even if they do not live there.
- They do not need to be related to be classed as a member of the same household. - Once these elements have been established, the offence is completed in one of 2 ways:
- Directly (by D’s act causing V’s death or serious physical harm)
- Indirectly (where D was or ought to have been aware of the risk of serious physical harm. He failed to take such steps as he could reasonably have been expected to take to protect V from the risk and the act occurred in the kind of circumstances D foresaw or ought to have foreseen.
Q: What if D is under 16 at the time of the offence? What if D is under 16, but is the parent of the child?
Unless D is the mother or father of V, she or he cannot be charged with this offence if aged under 16 themselves at the time. This means parents under 16 can commit this offence in relation to their own child.
