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Infanticide

Murder / Manslaughter Offences – VIC

Welcome to the VIC Infanticide article page. Everything you need to know about Infanticide according to VIC law.

What the Law States according to VIC Law for Infanticide

According to VIC Law for the charge of Infanticide,

Crimes Act 1958 – SECT 6
Infanticide

6. Infanticide

(1) If a woman carries out conduct that causes the death of her child in circumstances that would constitute murder and, at the time of carrying out the conduct, the balance of her mind was disturbed because of-

(a) her not having fully recovered from the effect of giving birth to that child within the preceding 2 years; or

(b) a disorder consequent on her giving birth to that child within the preceding 2 years-

she is guilty of infanticide, and not of murder, and liable to level 6 imprisonment (5 years maximum).

(2) On an indictment or presentment for murder, a woman found not guilty of murder may be found guilty of infanticide.

Note See sections 10(3) and 421 for other alternative verdicts.

(3) Nothing in this Act affects the power of the jury on a charge of murder of a child to return a verdict of not guilty because of mental impairment.

The Maximum Penalty – Infanticide

According to VIC Law for the charge of Infanticide, 5 years.

What the Police must prove according to VIC Law for Infanticide

(a) The accused, by their act or omission, caused the death of a child under 12 months of age in circumstances such that the killing would have amounted to murder.

(b) The accused’s mind at the time of the offence was disturbed by a mental disorder.

Possible Defences under VIC Law – Infanticide

(a) Factual dispute
(b) Lack of intent

In VIC which court will hear the matter – Infanticide

Generally, County Court.

 

Date: 09/01/2009

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