Offence Ingredient Definitions

Question 1

Define actual care or charge

Answer 1

No defnintion, this is a question of fact

Question 2

Staff member

Answer 2

Extends to all staff members working in a hospital, institution or residence.

Irrespective of whether they can be seen as in charge of or involved in the care of the victim.

Question 3

Likelyhood of harm

Answer 3

Actual suffering, injury etc. Need not be proved, only its likelyhood.
This requires a real or substantial risk of one or more prescribed harms, rather than balance of probabilities.

Question 4

Intentionally engaging in conduct

Answer 4

Illtreatment must have been inflicted deliberately with a conscious appreciation that it was likely to cause unnecessary suffering.

More than merely accidental.

Question 5

Breach of legal duty

Answer 5

Not limited to breaches of statutory duty and will extend to relevant common law duties when they differ from those in statute.

Question 6

Act or Omission constituting major departure

Answer 6

A suspect cannot simoly be ignorant/unthinking/careless.
The behaviour must go further and be a major departure from what is acceptable in those having having care or charge of others.

Question 7

Members of the same household

Answer 7

Does not need to live in the household but may be closely connected with the household

Where victim lives in different locations, this refers to the household where the harm took place.

To determine closely related you must consider, frequency and duration of visits, whether a familial link to victim, and any other matters relevant in circumstances.

Question 8

Having frequent contact

Answer 8

Matter of fact for the jury to decide.

Question 9

Knowledge of the risk of harm

Answer 9

Knowledge is required of both:
The likely occurrence of the relevant act or omission
AND the resulting risk to the victim
Requires certainty or assumption of belief without substantial doubt.

Merely suspicious or reckless not enough.

If aware it is very likely but doesnt take action out of fear of confirming the worst this is enough for mens rea.

Question 10

Failure to take reasonable steps to protect victim

Answer 10

Jury needs to be satisfied action of a reasomable person was not taken.
Does not require a gross or major departure from the expected standards.