Have you been charged with Infanticide
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What does it mean to be charged with infanticide?
Under Section 6 of the Crimes Act 1958, infanticide applies when a mother causes the death of her child under 12 months old in circumstances that would otherwise constitute murder, but her mental balance was disturbed due to:ย
- Not having fully recovered from the effects of childbirth within the preceding two years.ย
- A disorder consequential to giving birth within the preceding two years.ย
In such cases, the mother is guilty of infanticide rather than murder, with a maximum penalty of Level 6 imprisonment (5 years).ย
Key Provisions of Section 6:
- Elements of Infanticide:ย
- The accused caused the death of her child under 12 months old.ย
- Her mental balance was disturbed due to childbirth or related disorders within the preceding two years.ย
- The circumstances would otherwise amount to murder.ย
ย ย ย 2. Alternative Verdicts:ย
- On an indictment for murder, a woman found not guilty may instead be convicted of infanticide.ย
ย ย ย 3.ย Mental Impairment Defence:ย
- The Act does not restrict the juryโs ability to return a verdict of not guilty on the grounds of mental impairment.ย
What is the penalty for infanticide?
The maximum penalty for infanticide is 5 yearsโ imprisonment, reflecting the offenceโs unique considerations.ย
Where will my case be heard?
Infanticide cases may be heard in the County Court or Supreme Court of Victoria, depending on the circumstances and severity of the case.ย
What the Prosecution Must Prove:
To secure a conviction for infanticide, the prosecution must establish:ย
- Death of a Child:ย
- The deceased was under 12 months old.ย
ย ย ย 2. Causation:ย
- The death resulted from an act or omission by the mother.ย
ย ย ย 3. Murder Elements Met:ย
- The act would have been murder if not for the specific provisions of Section 6.ย
Factors and Defences to Consider
Critical questions to explore with your lawyer include:ย
- Intent:ย
- Did you intentionally cause the death of your child?ย
ย ย ย 2. Mental Health:ย
- Were you suffering from post-partum depression or another mental health disorder that impaired your judgement?ย
ย ย ย 3. Support System:ย
- Did you have adequate support after childbirth?ย
ย ย ย 4. Circumstances:ย
- What were the specific circumstances leading to the childโs death?ย
ย ย 5. Defences:ย
- Can you rely on defences such as mental impairment?ย
ย ย 6. Mitigating Factors:ย
- If pleading guilty, what steps can be taken to reduce your sentence?ย
What happens next?
If you have been charged with infanticide, it is vital to seek immediate legal advice. Consulting a specialised criminal lawyer ensures that your case is thoroughly assessed, and your defence is strategically prepared. Whether building a defence or negotiating a guilty plea, early action can significantly influence the outcome.ย
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Contact Us
At MK Law, we understand the sensitivity and complexity of infanticide cases. Our experienced lawyers provide compassionate and expert guidance to:ย
- Assess your mental state and surrounding circumstances.ย
- Develop a robust defence strategy.ย
- Advocate for mitigating factors to minimise penalties.ย
Contact us at 1800 130 120 or visit marcus.mklawfirm.com.au for a confidential consultation. Early legal advice is critical to achieving the best possible outcome.ย
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