15 / 92
CHILD CAREAND PROTECTION
(i) the infant's death was caused by suffocation
(not resulting from disease or the presence of
any foreign body in the infant's throat or air
passages); and
(ii) the adult was, at the time of going to bed,
under the influence of drink or any drug;
(c) any adult having the custody, charge or care of any
child, who allows that child to-
(i) be in any room or yard containing-
(A) any body of water, whether naturally
or artificially formed or stored in a
container; or
(B)
a stove, coal-stove, or open flame; or
(ii) have access to any poisonous or flammable
substances,
not sufficiently protected to guard against the risk of
that child being drowned, poisoned, burnt or scalded,
as the case may be, without taking reasonable
precautions against the risk, and by reason thereof that
child is killed or suffers serious injury:
Provided that neither this paragraph nor any proceedings
taken thereunder, shall affect the liability of any person to be
indicted for manslaughter or for any offence against the
Offences Against the Person Act.
(4) Any adult other than an owner or operator in the
circumstances referred to in section
40,
who gives, or causes to
be given, or sells or causes to be sold, to any child any
intoxicating liquor, except upon the order of a duly qualified
medical practitioner for the purpose of treating sickness, or in
case of other urgent cause, shall be deemed to have ill-treated
that child in a manner likely to cause injury to the child's health.
(5)
A person may be convicted of an offence under this
section-
[The inclusion of this page
is
authorized
by
L.N.
111/2005]