Have you been charged with Infanticide?
If so, there are a number of questions you will need to consider with the help of an experienced and compassionate criminal lawyer. Did your actions, or failure to act, cause the death of your child under 12 months old? What were the circumstances? What was your state of mind at the time?
This is a serious offence which could have you facing a prison term should you be found guilty. Consult a law firm that specialises in criminal law to help you prepare your defence.
Please read below for more information in relation to this charge.
The offence
Section 6 of the Crimes Act 1958.
The prosecution must prove:
A child under 12 months of age died;
The death was caused by an act or omission of the mother;
The death occurred in circumstances such that, in the absence of Section 6 of the Crimes Act 1958, the killing would have amounted to murder.
The maximum penalty
Level 6 imprisonment being a maximum of 5 years.
Where will my case be heard?
Infanticide cases can only be heard in the County Court or Supreme Court of Victoria.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Arrange to see an experienced criminal lawyer urgently. Preparation is critical to achieving a favourable outcome in relation to any matter. Don’t leave it to the last minute.
If you have been charged with Infanticide make an appointment to see an experienced lawyer today.
The legislation
Section 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 for murder, a woman found not guilty of murder may be found guilty of infanticide.
(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.
