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bruneilawsby aturio
In force2012 Revised Edition
Contents

Part VI · Offences in Relation to Health and Welfare of

28. Ill-treatment etc. of children and young persons

(1)

Any person who, being a person having the care of a child or young person —

(a)

abuses, assaults, neglects, abandons or exposes him in a manner likely to cause him physical or emotional injury or who causes or permits him to be abused, assaulted, neglected, abandoned or exposed; or

Children and Young Persons 24

(b)

sexually abuses the child or young person or causes him to be so abused, is guilty of an offence and liable on conviction to a fine not exceeding

$20,000, imprisonment for a term not exceeding 10 years with or without whipping not exceeding 10 strokes, or both.

(2)

The court may, in lieu of or in addition to any penalty specified in subsection (1), order the person convicted of an offence under that subsection 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 him to undergo such counselling and psychotherapy as may be specified therein.

(3)

If a person who is ordered to execute a bond of good behaviour under subsection (2) fails to comply with any condition thereof, he shall be —

(a)

if the bond is in lieu of a penalty under subsection (1), liable to the penalty provided for in that subsection; or

(b)

if the bond is in addition to a penalty under subsection (1), guilty of an offence and liable on conviction to a fine not exceeding

$20,000, imprisonment for a term not exceeding 10 years with or without whipping not exceeding 10 strokes, or both.

(4)

For the purpose of subsection (1), a guardian 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 him physical or emotional injury if, being able to provide from his own resources, he fails to provide him with adequate food, clothing, medical or dental treatment, lodging or care.

(5)

A person may be convicted of an offence against subsection (1)

notwithstanding that —

(a)

suffering or injury or the likelihood of suffering or injury to the health of the child or young person was avoided by the action of another person; or

(b)

the child or young person has died.

Children and Young Persons

Report

Read on from s 29

Part VII

Notification on Taking Child or Young Person Into Care, Custody or Control

Read on from Part VII

Part VIII

Trafficking in Children and Young Persons

Read on from Part VIII

Part IX

Procedure in Juvenile Courts

Read on from Part IX

Part X

Remand Homes

Read on from Part X

Part XI

Places of Detention

Read on from Part XI

Part XII

Approved Schools and Approved Homes

Read on from Part XII

Part XIII

Provisions Applicable to Persons Being Detained in Approved Schools, Approved Homes, Remand Homes and Places of Detention

Read on from Part XIII

Part XIV

Expenses and Contributions

Read on from Part XIV

Part XV

General

Read on from Part XV