DC GALVIN is investigating an allegation of child cruelty (contrary to s. 1 of the Children and Young Persons Act 1933). DC GALVIN has never dealt with this offence before and approaches her supervisor, DS WRATTEN, for some advice on the elements of the offence as she has been given contrary advice regarding the constituent elements of it.Which of the following is correct in relation to that offence?A - The offence can only be committed by a positive act and not by omission.B - The acts must have occurred in a manner that caused unnecessary suffering or injury to health.C - The acts must have occurred in a manner that caused unnecessary suffering or injury to health with intention to do so.D - The acts must have occurred in a manner likely to cause unnecessary suffering or injury to health; there is no need to show that any such suffering or injury actually came about.
Question
DC GALVIN is investigating an allegation of child cruelty (contrary to s. 1 of the Children and Young Persons Act 1933). DC GALVIN has never dealt with this offence before and approaches her supervisor, DS WRATTEN, for some advice on the elements of the offence as she has been given contrary advice regarding the constituent elements of it.Which of the following is correct in relation to that offence?A - The offence can only be committed by a positive act and not by omission.B - The acts must have occurred in a manner that caused unnecessary suffering or injury to health.C - The acts must have occurred in a manner that caused unnecessary suffering or injury to health with intention to do so.D - The acts must have occurred in a manner likely to cause unnecessary suffering or injury to health; there is no need to show that any such suffering or injury actually came about.
Solution
The correct answer is D. According to the Children and Young Persons Act 1933, the acts must have occurred in a manner likely to cause unnecessary suffering or injury to health; there is no need to show that any such suffering or injury actually came about. This means that the offence can be committed even if the child did not actually suffer any harm, as long as the actions were likely to cause harm. The offence can be committed by both acts and omissions, contrary to option A. Option B and C are incorrect because they require actual harm to have occurred, which is not a requirement of the law.
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