1981 Ed.]
Offences against the Person
[CAP. 212
(8) For the purposes of sections 46 and 47, anything done with 1967 c. 87, s. 8(2) intent to procure the miscarriage of a woman is unlawfully done unless authorized by virtue of the provisions of this section.
(Added, 15 of 1972, s. 2. Amended, 12 of 1976, s. 2)
47B. (1) Subject to subsection (2) any person who, with intent to destroy the life of a child capable of being born alive, by any wilful act causes a child to die before it has an existence independent of its mother shall be guilty of child destruction, and shall be liable to be punished as if he were guilty of manslaughter.
(2) Notwithstanding subsection (1) a person shall not be guilty of an offence under this section unless it is proved that the act which caused the death of the child was not done in good faith for the purpose only of preserving the life of the mother.
(3) Where in any proceedings under this section it is proved that the mother had at any material time been pregnant for a period of 28 weeks or more, it shall be presumed until the contrary is proved that the mother was at that time pregnant of a child capable of being born alive.
(Added, 13 of 1981, s. 5)
47C. Where a woman by any wilful act or omission causes the death of her child being a child under the age of 12 months but at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child, then, notwithstanding that the circumstances were such that but for the provisions of this section the offence would have amounted to murder, she shall be guilty of infanticide, and shall be liable to be punished as if she were guilty of manslaughter.
(Added, 13 of 1981, s. 5)
47D. (1) Where upon the trial of any person for the murder or manslaughter of any child, or for an offence under section 46 or 47C, the jury are of the opinion that the person charged is not guilty of murder, manslaughter or of an offence under section 46 or 47C, as the case may be, but that he is shown by the evidence to be guilty of an offence under section 47B(1), the jury may find him guilty of that offence, and thereupon the person convicted shall be liable to be punished as if he had been convicted upon indictment for an offence under section 47B(1).
(2) Where upon the trial of a woman for the murder of her child, being a child under the age of 12 months, the jury are of the opinion that she by any wilful act or omission caused its death, but that at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child and it is shown by the evidence that but for the provisions of section 47C, she would have been guilty of murder, the jury may find her guilty of infanticide, and thereupon she shall be liable to be punished as if she had been convicted upon indictment for infanticide.
Child destruction. (cf. 1929 c. 34)
Infanticide.
Conviction on alternative offences.
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1981 Ed.]
Offences against the Person
[CAP. 212
(8) For the purposes of sections 46 and 47, anything done with 1967 c. 87, s. 8(2) intent to procure the miscarriage of a woman is unlawfully done unless authorized by virtue of the provisions of this section.
( Added, 15 of 1972, s. 2. Amended, 12 of 1976, s. 2)
47B. (1) Subject to subsection (2) any person who, with intent to destroy the life of a child capable of being born alive, by any wilful act causes a child to die before it has an existence independent of its mother shall be guilty of child destruction, and shall be liable to be punished as if he were guilty of manslaughter.
(2) Notwithstanding subsection (1) a person shall not be guilty of an offence under this section unless it is proved that the act which caused the death of the child was not done in good faith for the purpose only of preserving the life of the mother.
(3) Where in any proceedings under this section it is proved that the mother had at any material time been pregnant for a period of 28 weeks or more, it shall be presumed until the contrary is proved that the mother was at that time pregnant of a child capable of being born alive.
( Added, 13 of 1981, s. 5)
47C. Where a woman by any wilful act or omission causes the death of her child being a child under the age of 12 months but at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child, then, notwithstanding that the circum- stances were such that but for the provisions of this section the offence would have amounted to murder, she shall be guilty of infanticide, and shall be liable to be punished as if she were guilty of manslaughter.
(Added, 13 of 1981, s. 5)
47D. (1) Where upon the trial of any person for the murder or manslaughter of any child, or for an offence under section 46 or 47C, the jury are of the opinion that the person charged is not guilty of murder, manslaughter or of an offence under section 46 or 47C, as the case may be, but that he is shown by the evidence to be guilty of an offence under section 47B(1), the jury may find him guilty of that offence, and thereupon the person convicted shall be liable to be punished as if he had been convicted upon indictment for an offence under section 47B(1).
(2) Where upon the trial of a woman for the murder of her child, being a child under the age of 12 months, the jury are of the opinion that she by any wilful act or omission caused its death, but that at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child and it is shown by the evidence that but for the provisions of section 47C, she would have
Child destruction. (cf. 1929 c. 34)
Infanticide.
Conviction on alternative offences.
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