Odger's English Common Law

THE CHILDREN ACT, 1908. 311
(ii.) That the prisoner assaulted, ill-treated, neglected, abandoned or
exposed such child or young person.
(iii.) That he did so wilfully.
(iv.) That he did so in a manner likely to cause such child or young
person unnecessary suffering or injury to his health.
It is not necessary for the prosecution to prove that the child or young
person has actually suffered or that injury has, in fact, been caused to his
health. Still less is there any need for the prosecution to prove that the
prisoner intended or desired any such result. It is sufficient if the child
or young person was assaulted or neglected in a manner likely to cause
unnecessary suffering or injury to his health. Lord Russell, L. C. J., in his
judgment in the case of R. v. Senior, 1 thus defined the meaning of the
phrase " wilfully neglects " which occurred in a preceding statute dealing
with the same subject : " * Wilfully ' means that the act is done deliberately
and intentionally, not by accident or inadvertence, but so that the mind of
the person who does the act goes with it. Neglect is the want of reason-
able care—that is, the omission of such steps as a reasonable parent would
take, such as are usually taken in the ordinary experience of mankind."
This offence is punishable on indictment with fine not exceeding £100
and [or] imprisonment not exceeding two years with or without hard labour,
or on summary conviction with fine not exceeding £25 and [or] imprisonment
not exceeding six months with or without hard labour. Severer
penalties are imposed by section 12 (5) of the Act where the offender is
interested in money payable on the death of the child.
Tbe new provisions of the Children Act, introduced to
protect children from the dangers of suffocation, fire and
intoxication, are as follows :
—
" Where it is proved that the death of an infant under
three years of age was caused by suffocation (not being
suffocation caused by disease or the presence of any foreign
body in the throat or air-passages of the infant) whilst the
infant was in bed with some other person over sixteen years
of age, and that that other person was at the time of going to
bed under the influence of drink, that other person shall be
deemed to have neglected the infant in a manner likely to
cause injury to its health." 2
" If any person over the age of sixteen years who has the
custody, charge or care of any child under the age of seven
years allows that child to be in any room containing an open
fire grate not sufficiently protected to guard against the risk
1 [1899] 1 Q B. at pp. 290, 291 ; and see the Prevention of Cruelty to Children
Act, 1894 (57 & 58* Vict. c. 41), s. 1.
* S.13. . •