Section 178 - infanticide Flashcards
State the ingredients of infanticide (s178 of the Crimes Act 1961).
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.
Where a charge of infanticide is laid, who decides on the mother’s state of mind?
The jury
What are the legal duties of a parent/guardian under section 152 of the Crimes Act 1961?
Everyone 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.
Section 153 of the Crimes Act 1961, what is the relevant age of the person who is employed?
Under the age of 16 years
What are the ingredients of section 154 of the Crimes Act 1961, abandoning a child under 6?
Everyone is liable to imprisonment for a term not exceeding 7 years who unlawfully abandons or exposes any child under the age of 6 years.
Outline case law Blaue 💼
Those who use violence must take their victims as they find them.
Define case law Tarei 💼 withdrawal of any form…
The withdrawal of any form of life support system is not “treatment” under s166 Crimes Act 1961. To withdraw life support does not cause death but removes the possibility of extending the person’s life through artificial means.
