Infanticide Flashcards
Define Infanticide as per Section 178(1) of the Crimes Act 1961.
Where a woman cause the death of any child of her 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 not having fully recovered from the effect of giving birth to that or to that or any other child, or by reason 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 to a term not exceeding 3 years.
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 what?
You must prove that the mother’s mind was disturbed as a consequence of the birth of that child or of another child.
In charges of infanticide, who decides the state of the mother’s state of mind.
The Jury.
Define ‘Vulnerable adult’
“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”.
