Page:Children and Young Persons Act 1993.pdf/9

Rh Welfare Cruelty to children and young persons

4.—(1) If any person above the age of 14 years who has the custody, charge or care of any child, or any person above the age of 18 years who has the custody, charge or care of any young person, wilfully assaults, ill-treats, neglects, abandons or exposes the child or young person or causes or procures or knowingly permits the child or young person to be assaulted, ill-treated, neglected, abandoned or exposed, in a manner likely to cause that child or young person unnecessary suffering or injury to his health (including injury to or loss of sight, or hearing, or limb, or organ of the body, and any mental derangement), that person shall be guilty of an offence.

(2) For the purposes of subsection (1), a parent or other person legally liable to maintain a child or young person shall be deemed to have neglected him in a manner likely to cause injury to his health if the parent or such other person wilfully neglects to provide adequate food, clothing, medical aid or lodging for the child or young person.

(3) If any person who is an employer of any child or any young person wilfully assaults or ill-treats the child or young person or causes or procures or knowingly permits the child or young person to be assaulted or ill-treated in a manner likely to cause that child or young person unnecessary suffering or injury to his health (including injury to or loss of sight, or hearing, or limb, or organ of the body, and any mental derangement), that person shall be guilty of an offence.

(4) A person may be convicted of an offence under this section—
 * (a) notwithstanding that actual suffering or injury to health or the likelihood of such suffering or injury to health was obviated by the action of another person; or
 * (b) notwithstanding the death of the child or young person in respect of whom the offence is committed.

(5) Upon the trial of any person above the age of 14 years charged with culpable homicide of a child of whom he had the custody, charge or care, or upon the trial of any person above the age of 18 years charged with culpable homicide of a young person of whom he had the custody, charge or care, it shall be lawful for the court, if satisfied