Infanticide Flashcards
What is infanticide
Where a woman causes the death of any child of hers under the age of 10 years in a manner that amounts to culpable homicide, and where at the time of the offence the balance of her mind was disturbed, by reason of her not having fully recovered from the effect of giving birth to that or any other child, or by reason of the effect of lactation, or by reason of any disorder consequent upon childbirth or lactation, to such an extent that she should not be held fully responsible, she is guilty of infanticide, and not of murder or manslaughter, and is liable to imprisonment for a term not exceeding 3 years
Killing of the child must amount to culpable homicide
In cases of infanticide, the killing of the child must be in a manner that would amount to culpable homicide. As well as establishing that fact, you must prove the mother’s mind was disturbed as a consequence of the birth of that child or of another child. The term “as a consequence” includes the period of lactation.
Jury to decide on mother’s state of mind
If a woman is charged with murder or manslaughter, but the jury believes her state of mind is due to the effects of childbirth, the jury is required to return a special verdict of acquittal on account of insanity caused by childbirth. However, the prosecution may file charging documents for both infanticide and murder of an infant, and it is up to the jury to decide on the mother’s state of mind.
In charges of infanticide, it is for the jury to decide on the mother’s state of mind.
Duty to provide the necessaries and protect from injury
(a) to provide that person with necessaries; and
(b) to take reasonable steps to protect that person from injury
Duty of parent or guardian to provide necessaries and protect from injury
(a) to provide that child with necessaries; and
(b) to take reasonable steps to protect that child from injury
Duty of employers to provide necessaries
Everyone who as employer has contracted to provide necessary food, clothing, or lodging for any servant or apprentice under the age of 16 years is under a legal duty to provide the same, and is criminally responsible for omitting without lawful excuse to perform such duty if the death of that servant or apprentice is caused, or if his life is endangered or his health permanently injured, by such omission.
Vulnerable adult
Means “a person unable, by reason of detention, age, sickness, mental impairment, or any other cause, to withdraw himself or herself from the care or charge of another person”.
Necessaries
There is no authority on what is meant by the concept of “necessaries” and may be regarded as a “somewhat broader concept” than “necessaries of life”.
Abandoning child under 6
Every one is liable to imprisonment for a term not exceeding 7 years who unlawfully abandons or exposes any child under the age of 6 years.
Duty of persons doing dangerous acts
Every one who undertakes (except in case of necessity) to administer surgical or medical treatment, or to do any other lawful act the doing of which is or may be dangerous to life, is under a legal duty to have and to use reasonable knowledge, skill, and care in doing any such act, and is criminally responsible for the consequences of omitting without lawful excuse to discharge that duty.
Duty of persons in charge of dangerous things
Every one who has in his charge or under his control anything whatever, whether animate or inanimate, or who erects, makes, operates, or maintains anything whatever, which, in the absence of precaution or care, may endanger human life is under a legal duty to take reasonable precautions against and to use reasonable care to avoid such danger, and is criminally responsible for the consequences of omitting without lawful excuse to discharge that duty.
