When is a parent's failure to provide necessaries sufficient care for their child?

In assessing whether one person is in the charge of another, the relative positions of the parties and their ability to understand and appreciate their circumstances is a factor to consider. A parent who is not in full possession of his or her faculties may not appreciate that he or she cannot provide himself or herself with the necessaries of life and may not have the capacity to understand that he or she is in an unsafe or unhealthy environment that is likely to cause permanent injury. Just as some contributory negligence by the victim is not a defence to a charge of criminal negligence, the inability of the victim to appreciate his or her need for necessaries and the victim’s unwillingness to cooperate is not a defence for an accused charged with failure to provide necessaries. If the parent is otherwise in the child’s charge and the child cannot care for the parent due to the parent’s refusal to accept care, the child is obliged to seek the help of a community agency. See Regina v. Stone & Dobinsons, [1977] Q.B. 354 at 361.