Page:Mental Capacity Act 2008.pdf/40

Rh ::(iii) any injury to his 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 his health or development.

(4) For the purpose of subsection (3)(c), D shall be deemed to have neglected P in circumstances likely to cause him unnecessary physical pain, suffering or injury or emotional injury or injury to his 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 $20,000 or to imprisonment for a term not exceeding 7 years or to both; and
 * (b) in any other case, to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 4 years or to both.

(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 such person to undergo such counselling, psychotherapy or other programme as may be specified therein.