Section 21
Neglect of persons with disabilities
of Persons with Disabilities Act
(1)
A person having charge of a person with disabilities who wilfully or by culpable negligence neglects a person with disabilities is guilty of an offence and liable on conviction to a fine not exceeding $30,000, imprisonment for a term not exceeding 15 years with or without whipping not exceeding 12 strokes or both.
(2)
For the purposes of subsection (1), “neglect of a person with disabilities” occurs when a person does any of the following —
(a)
fails to perform acts that he knows or reasonably should know are necessary to preserve the life or health of the person with disabilities and that failure causes the person’s life to be endangered, health to be injured or pre-existing physical or mental condition to deteriorate;
(b)
fails to provide the care, supervision and services necessary to maintain the physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine and medical services that a reasonable person would consider essential for the wellbeing of the person with disabilities;
(c)
abandons the person with disabilities;
(d)
fails to make a reasonable effort to protect a person with disabilities from abuse, neglect or exploitation by another person.
(3)
The neglect of a person with disabilities may be based on repeated conduct or on a single incident or omission that results in, or could reasonably be expected to result in, serious physical or emotional injury, or a substantial risk of death, to a person with disabilities.
(4)
Nothing in this section imposes criminal liabilities on any person who made a good faith effort to provide for the health and personal care of a person with disabilities, but through no fault of his own was unable to provide such care.
Persons with Disabilities
CAP. 234 16