Seclusion of the victim is not a necessary element for establishing that a person has 'charge of another' under s 262 of the Criminal Code (WA); it is a relevant but not essential factor. The duty to provide necessaries of life arises when a person takes charge of another who is unable to withdraw and unable to provide for themselves — the accused's appreciation that the victim's life is in peril goes to breach and criminal negligence, not to the existence of the duty. The s 24 mistake of fact defence will not be left to the jury where, even if there is evidence of honest belief, no reasonable jury could find the belief objectively reasonable.
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