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[其他] 在昆士兰州让12岁以下的小孩独自在家可能会导致刑事犯罪(看了今天新闻确认)。

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发表于 30-11-2010 22:20:53 | 只看该作者 回帖奖励 |倒序浏览 |阅读模式

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刚刚看了一则新闻,报道一位有4个小孩的母亲因为让2个小孩(年龄分别为5岁和7岁),在家里的小孩充气游泳池里玩超过一个半小时,自己带着另外2个小孩外出取回借给朋友的车,被判刑18个月(缓刑),罪名是让12岁以下的小孩无人看管。

本来以为她有罪是因为小孩在充气游泳池里有危险而已,后来在网上找了一下,澳洲昆士兰州刑法确实有这条,CRIMINAL CODE 1899 - SECT 364A ,
364A Leaving a child under 12 unattended(链接在http://www.austlii.edu.au/au/leg ... cc189994/s364a.html,详细的刑法PDF在http://www.legislation.qld.gov.a ... nt/c/crimincode.pdf)。其他州不清楚,请同学们补充。

发这个帖子主要是给大家提个醒,因为国情不一样,在中国这种事几乎每个家庭都有,但在境外(包括香港特别行政区,以前看香港新闻得知),法律是不一样的,让小孩独自在家可能会犯罪的。

虽然以前知道澳洲不能独自留小孩在家,但不知这种行为可以严重到会导致Criminal offence,现在完全明白了。

新闻原文链接在http://www.news.com.au/breaking- ... rfku0-1225963263792,原文如下:

Mum leaves children home alone in pool

A MOTHER-of-four has been sentenced to 18-months probation for risking the safety of two her of children, aged five and seven, by leaving them home alone paddling about in a wading pool for more than an hour.

The Brisbane District Court was told the woman, 27, intentionally left her children at the family’s Caboolture home, on Brisbane's northern outskirts, alone after they returned from school while she went to collect the her car on January 27 this year.

Prosecutor Ken Spinaze said police, who attended the woman's home for an unrelated matter, found the children, a young boy and girl, splashing about in an inflatable kid’s pool about 3.40pm.

He said the mum, who has children aged between 11-months and eight-years of age, had told the two children she would not be home when they returned from school by bus.

The court was told the woman, who does not hold a driver's licence, intended to travel with friends to collect her car which had been loaned to a friend and involved in a crash.


Mr Spinaze said the mother got stuck in traffic and when she telephoned home to check on her children was told police were at the house.

He said the woman returned home about 4.50pm - meaning the children would have been left at home for up to 1½-hours had police not inadvertently visited the house.

"The mother left her children unsupervised for well over an hour,'' Mr Spinaze said.

He said leaving two young children at home alone and playing in a pool could be best described as "a tragedy waiting to happen''.

The mother, who cannot be named and was aged 26 at the time, today pleaded guilty to two counts of leaving a child under 12 unattended.

The court was told the mum had an extensive criminal history - dating back 10-years - for mainly property, and dishonesty offences.

Barrister Guy Andrew, for the mum, said his client had taken steps to seek help from the Department of Child Safety and had been deemed an otherwise good mother.

Judge Leanne Clare, SC, in sentencing the woman, said: "You left your two children ... home alone ... (and had) planned to do so.''

"You put your two children at risk ... (and) you admitted the offences, but it would have been hard to deny it.

"You have been in trouble with the law on and off for the last 10-years.''

However, Judge Clare said despite the woman's troubled past it appeared the mother had been doing her best to care for her children over the past couple of years.

[ 本帖最后由 徒步天涯 于 30-11-2010 22:23 编辑 ]

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 楼主| 发表于 30-11-2010 22:55:15 | 只看该作者
确认澳洲首都地区(ACT)也有类似的法律,不过没有找到提及小孩的年龄的地方。
Crimes Act 1900
39 Neglect etc of children
(3) A person must not, knowingly or recklessly, leave a child
unattended in such circumstances and for such a time that the child
could suffer injury or sickness or otherwise be in danger.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.

链接:
http://www.legislation.act.gov.a ... ent/pdf/1900-40.pdf
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 楼主| 发表于 30-11-2010 23:22:33 | 只看该作者
确认维多利亚州(VIC)也有类似的法律,不过没有找到提及小孩的年龄的地方。
http://www.dhs.vic.gov.au/office ... dren_unattended.pdf

Criminal offence
• s. 494 Offence to leave child unattended
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发表于 30-11-2010 23:39:21 | 只看该作者
据说独自走开,离孩子多少米范围之外,即使你能够观察到孩子的动向都是不行的。
知道的TX补充一下。
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