Failure Of Parent To Care For Child – s 43A(2) Crimes Act 1900

Is it an offence when you have parental responsibilities for a child and you either intentionally or recklessly fail to provide the child with necessities of life where that failure causes a danger of death or serious injury to the child.

The child is required to be under the age of 16.

With a proven success record, our team of highly experienced specialist criminal lawyers will provide you with realistic and practical advice on your best possible defences to fight these charges and win. They will work tirelessly around the clock on your case at proving your innocence, and focus on first getting your charges dropped or downgraded at an early stage to give you the best fighting chance.

Call us now on (02) 8606 2218 to book a free first consultation with an experienced Criminal Defence Lawyer.

Your Options in Court

Our expert defence lawyers have attained an extremely high level of accreditation and experience with an enormous wealth of knowledge. They will give you realistic options and practical guidance of your available defences.

Defences to this charge

You are NOT GUILTY to this charge if

  • You have a reasonable excuse for not providing medical attention to your child. The reasonableness of your excuse depends on each individual case. Some examples include duress, necessity and threats.
  • You did not have parental responsibility to the child
  • The child is 16 years or older
  • There was no danger of death or there was no serious injury caused to the child

Our experience specialist lawyers will give you realistic options on your defences and explain the best way forward for your case to proving your innocence.

Our expert defence lawyers have a proven success record at not only proving innocence, but also on getting charges dropped early or downgraded. Their focus on your case will first be to negotiate with the police to drop your charges as early as possible.

Before pleading guilty, be sure to first speak to an experienced specialist defence lawyer to explain to you your realistic defence options. An experienced specialist can give you immediate preliminary advice on your realistic options.

25% discount on punishment

In the event you do plead guilty, it is extremely critical that you are well guided in preparation as early as possible and well before your day of punishment. This is because, an early plea of guilty, can give you a discount of up to 25% off the punishment you will end up getting by the Judge.

Psychologist reports

Using a well respected and experienced psychologist or psychiatrist expert capable of legal reports for courts can significantly cause a much more lenient punishment putting you in the best position for the following reasons:

  • It is the best way to provide an explanation, not a justification, for your conduct.
  • It presents you in the best possible light to the Judge. It explains your conduct in a more favourable way to your case leading to a better result.
  • The report is drafted in response to specific questions, specific to your case, asked by our specialist criminal lawyers.
  • Only an expert can give an opinion as to whether you were suffering a mental condition such as depression, anxiety, PTSD, or schizophrenia at the time of your conduct. If the report expresses this, you are likely to receive a far less serious punishment than someone who does not.

Good character references

Our specialist lawyers will guide you on preparing good character references. These are to be obtained from selected people who know you. This is your opportunity to show your otherwise character to the Judge, and a great way to tell the Judge that this offence was completely out of character for you.

An experienced defence lawyer can guide you on who to get these from, and what things to comment on, and not comment on. Each reference should be reviewed with feedback to ensure each is perfect to hand to the Judge resulting in a better outcome.

Negotiate to drop charges

Your charges always have chances of getting dropped or downgraded. An experienced defence criminal lawyer can maximise your chances at either getting charges dropped or downgraded to a much more lenient charge which will result in a much more lenient punishment. This can be achieved by carefully reading and pointing out all the problems in the police evidence, then tactfully approaching the police and DPP. Our defence team have been successfully achieving this for years.

Negotiate facts

The Judge will read the facts of your case which is usually prepared by police. Our defence experts will negotiate with police, not only to downgrade your charge to something less serious, but change the facts in a way to make it most favourable to you. The result of a more favourable agreed ‘facts’ of your offence for the Judge to read means a far better more lenient punishment to you.

With a proven success record of this, our specialist defence lawyers always take this avenue ensuring to maximise the best possible result.

Maximum penalty

The maximum penalty the court can give for this offence is up to 5 years imprisonment. Do not be disheartened by this because the courts do not generally impose the maximum, which is usually reserved for the very serious kind of offending. Judges only look at this as a guide of how serious the offence should be taken.

Types of penalties

There are other options of punishment available to the Judge to give you.

Kinds of penalties the court can impose on you include the following.

  1. Section 10 Dismissal
  2. Conditional Release Order
  3. Fine
  4. Community Correction Order
  5. Intensive Correction Order
  6. Full Time Imprisonment

The kind of punishment the court decides to give you depends critically on the things talked about above. Our specialist defence lawyers have a proven track record of getting our clients exceptional results through thorough preparation, powerfully presenting your version to the court with a focus on getting charges dropped, downgraded and winning.

Call us now on (02) 8606 2218 to book a free first consultation with an experienced Criminal Defence Lawyer.


This is when you turn your mind to the possibilities the child needs necessities of life such as medical attention but ignore it. This is generally considered less serious by the courts than a parent intentionally, such as purposely, failing to provide medical attention.

This means the duties, powers, responsibilities and authority in respect of a child that, by law, parents have of their children.

Good Character Reference Guide for Court

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