Infanticide and Failure of Duty Offences

Question 1

INFANTICIDE LEGISLATION

Answer 1

Section 178 (1) - Crimes Act 1961 
3 years imprisonment 

• 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

Question 2

DUTY OF PARENT OR GUARDIAN TO PROVIDE NECESSARIES AND PROTECT FROM INJURY LEGISLATION

Answer 2

Section 152 - Crimes Act 1961

(1) Every one who is a parent, or is a person in place of a parent, who has actual care or charge of a child under the age of 18 years is under a legal duty—
(a) to provide that child with necessaries; and
(b) to take reasonable steps to protect that child from injury

Question 3

DUTY OF EMPLOYERS TO PROVIDE NECESSARIES SECTION 153 (1) - what is the relevant age of the person who is employed?

Answer 3

Under 16 years old

Question 4

Define vulnerable adult

Answer 4

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

Question 5

ABANDONING A CHILD UNDER 6 LEGISLATION

Answer 5

Section 154 - Crimes Act 1961
7 years imprisonment

Everyone who
unlawfully
abandons or exposes
any child under the age of 6 years

Question 6

WHERE A CHARGE OF INFANTICIDE IS LAID, WHO DECIDES ON THE MOTHERS STATE OF MIND?

Answer 6

The Jury