This provision, based on the Infant Life (Preservation) Act 1929, differs from the section 46 offence (administering any thing with intent to procure a miscarriage) in that there must be an intent to destroy life coupled with a wilful act. New section 47 B(2) provides, for the purposes of a prosecution for this offence, that it shall be presumed that a woman pregnant for 28 weeks or more was at that time pregnant with a child capable of being born alive: this 28 weeks period is taken from the Infant Life (Preservation) Act 1929 but it is proposed that the advice of the local medical profession should also be sought on this particular point.
Infanticide
15
Infanticide refers to the killing of a child under one year of age by its mother when the balance of her mind is disturbed by reason of her not having fully recovered from the effects of giving birth to the child or by reason of the effect of lactation.
16
Provisions relating to infanticide are at present included in section 78 of the Criminal Procedure Ordinance. It is considered more appro- priate to include these provisions in the Offences Against the Person Ordinance together with the related offences of murder and child destruction. Accordingly, clause 5 transfers the offence of infanticide from the Criminal Procedure Ordinance to the Offences Against the Person Ordinance, in which it becomes new section 47C.
Alternative Offences
17
Clause 5 of the bill also makes provision in new section 47 for conviction on alternative or lesser offences when the evidence does not support conviction on a more serious offence. It may not be apparent at the time when the Crown is drafting charges which of the offences actually was committed and new section 47E will enable a court to enter a conviction even if an alternative offence has not been included in the indictment.