Have You Been Charged with Child Homicide?
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What does it mean to be charged with child homicide?
Child homicide is one of the most serious criminal offences under Victorian law, governed by section 5A of the Crimes Act 1958 (Vic). A person may be charged with this offence if their conduct results in the death of a child under the age of six, and the circumstances would otherwise amount to manslaughter.
What is Child Homicide?
Child homicide is defined under section 5A of the Crimes Act 1958. It applies when a person, by an act or omission, causes the death of a child under 6 years old in circumstances that would otherwise constitute manslaughter.
The offence includes all the elements of manslaughter, with an additional requirement that the victim is under the age of 6. It serves as an alternative charge to manslaughter and reflects the higher level of protection afforded to young children by the law.
What must the prosecution prove?
To secure a conviction for child homicide, the prosecution must prove beyond reasonable doubt the following:
- That your act or omission caused the death of a child under the age of six; and
- That the death resulted from either:
- An unlawful and dangerous act, or
- Criminal negligence (negligent manslaughter).
In cases of negligent manslaughter, the prosecution must show that:
- You owed the child a duty of care;
- You breached that duty through criminal negligence;
- The breach was committed consciously and voluntarily;
- That breach caused the child’s death.
It is not necessary for the prosecution to prove that you intended to cause death or serious harm. The focus is instead on the nature of the conduct and its consequences.
The Penalties for Child Homicide
Child homicide is classified as a Level 2 offence under Victorian law and carries a maximum penalty of 25 years’ imprisonment.
If the accused was 18 years or older at the time of the offence, the court is required to impose a custodial sentence, unless “special reasons” exist under section 5(2H) of the Sentencing Act 1991.
Given the tragic nature of these cases and the vulnerability of the victim, the courts treat child homicide as a matter of the highest seriousness, often imposing lengthy periods of imprisonment to reflect the gravity of the offence and the need for community deterrence.
Defences for Child Homicide
Several potential defences may be available, depending on the facts of your case. These include:
- Failure to prove duty of care
If you did not owe the child a legal duty of care, negligent manslaughter may not be established.
- Unlawful and dangerous act not established
If your actions were neither unlawful nor objectively dangerous, this may defeat that limb of the prosecution’s case.
- Mistaken identity
If the wrong person has been accused, this can form a complete defence.
- Automatism
If your actions were not conscious or voluntary—due to a medical episode, for example—criminal liability may be avoided.
A qualified criminal defence lawyer will carefully assess the prosecution’s case, examine whether all legal elements are satisfied, and identify any viable legal or factual defences that could lead to a withdrawal of the charge, a not-guilty verdict, or a reduced sentence.
What Happens Next?
If you’ve been charged with child homicide, it is critical to act immediately. These charges are complex and carry serious, long-term consequences. Early legal intervention greatly improves your chances of a favourable outcome.
Here’s what you need to do next:
- Consult a Specialist Criminal Defence Lawyer
Child homicide cases demand experienced legal representation. A criminal lawyer skilled in homicide and manslaughter matters will review the evidence, provide strategic advice, and work to defend your case from every possible angle.
- Preserve Evidence and Record Events
Start collecting any relevant information—this might include photographs, documents, medical reports, or names of potential witnesses. Your lawyer can help identify what evidence may be critical to your defence and how it should be preserved.
- Attend All Court Hearings
Once charged, you will need to attend scheduled court proceedings, including a committal mention in the Magistrates’ Court (for case management), before the case is transferred to the Supreme Court of Victoria. Missing court dates can result in arrest warrants or other penalties.
- Prepare Your Legal Defence
Your lawyer will examine the prosecution’s brief, assess the strength of the case, and determine if a defence such as lack of negligence, mistaken identity, or involuntariness can be applied. The goal is to minimise your exposure to a custodial sentence, or avoid conviction altogether if possible.
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How can we help
At MK Law, we understand that being charged with child homicide is devastating—for you, your family, and everyone involved. These cases are legally and emotionally complex, and require strong legal advocacy and strategic thinking from day one.
We have extensive experience defending individuals charged with child homicide and other serious offences under section 5A of the Crimes Act 1958. Our team will provide you with clear advice, respectful support, and unwavering defence representation tailored to the specific facts of your case.
Call us now on 1800 130 120 for a confidential consultation.
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- 1800 130 120
- marcus@mklawfirm.com.au