2013, No. 10
Crimes
43
PART IX
CRIMES AGAINST THE PERSON
Division 1
Homicide
83. Standard of care required of persons under legal
duties-(1) This section applies in respect of the legal duties
specified in any of sections 84 to 89.
(2) For the purposes of this Part, a person is criminally
responsible for:
(a) omitting to discharge or perform a legal duty to which
this section applies; or
(b) neglecting a legal duty to which this section applies,
only if, in the circumstances of the particular case, the omission
or neglect is a major departure from the standard of care
expected of a reasonable person to whom that legal duty applies
in those circumstances.
84. Duty to provide the necessaries of life-(1) A person
who has charge of any other person unable, by reason of
detention, age, sickness, insanity, or any other cause, to withdraw
himself or herself from such charge, and unable to provide
himself or herself with the necessaries of life, is (whether such
charge is undertaken by him or her under any contract or is
imposed upon him or her by law or by reason of his or her
unlawful act or otherwise howsoever) under a legal duty to
supply that person with the necessaries of life, and is criminally
responsible for omitting without lawful excuse to perform such
duty if the death of that person is caused, or if his or her life is
endangered or his or her health permanently injured, by such
omission.
(2) A person is liable to imprisonment for a term not
exceeding seven (7) years who, without lawful excuse, neglects
the duty specified in this section so that the life of the person
under his or her charge is endangered or his or her health
permanently injured by such neglect.