s.225Cruelty to children
225
Section 225Part 7Offences Relating to Children

Cruelty to children

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A person who having attained the age of sixteen years, has responsibility for any child under that age and who —
wilfully assaults, ill-treats, neglects, abandons or exposes that child; or
causes or procures that child to be assaulted, ill-treated, neglected, abandoned or exposed, in a manner likely to cause that child unnecessary suffering or injury to health (including injury to or loss of sight, hearing, limb or organ of the body, and any mental derangement),
commits an offence.
A person who commits an offence under subsection (1) is liable —
on conviction on indictment, to a fine and to imprisonment for five years; or
on conviction by a summary court, to a fine of one thousand dollars and to imprisonment for six months.
Where the court has convicted a person of an offence under subsection (1), it may, in addition to or in lieu of any penalty imposed on that person under subsection (2), order that person to attend such counselling services as may be prescribed in the order for a period not exceeding two years and subject to such conditions as may be so prescribed.
Where —
an order has been made under subsection (3) with respect to a person convicted of an offence under subsection (1); and
it appears on information in writing and on oath to a justice of the peace that the offender has failed to comply with the order or with any conditions prescribed in the order,
the justice may issue a summons requiring the offender to appear before a court, at the place and time specified in the summons.
Where an information in subsection (4) is laid, the justice may issue a warrant for the offender's arrest requiring the offender to be brought before a court.
Where the court, before which an offender appears or is brought for failure to comply with an order made under subsection (3) or with any conditions prescribed in the order, is satisfied that the offender has failed to comply with the order or any of those conditions, it may —
order that the offender be required to attend such counselling services as may be prescribed in the order for such further period as may be so prescribed; or
where the offender was not subject to any penalty for the offence with respect to which the order under subsection (3) was made, deal with the offender for that offence in any manner it could deal with the offender if the offender had just been convicted by or before that court of that offence.