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Infanticide

  • 06-02-2012 11:06am
    #1
    angelfire9
    Registered Users, Registered Users 2 Posts: 2,226 ✭✭✭


    Is there a special provision for the prosecution of mothers who's child is under 12 months of age?

    Infanticide Act 1949 states:
    INFANTICIDE ACT, 1949.

    AN ACT TO PROVIDE THAT A WOMAN WHO WILFULLY CAUSES THE DEATH OF HER CHILD, BEING A CHILD UNDER THE AGE OF TWELVE MONTHS, MAY, UNDER CERTAIN CONDITIONS, BE CONVICTED OF INFANTICIDE, AND TO PROVIDE FOR CERTAIN OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID.
    http://www.irishstatutebook.ie/1949/en/act/pub/0016/print.html

    But I always thought that a woman with a child under 12mths couldn't be convicted of the murder of the child??:confused:

    (in case ye're wondering i'm not planning on killing anyone its in relation to this thread:http://www.boards.ie/vbulletin/showthread.php?t=2056538351)


Comments

  • #2
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    You thought wrong. A woman can be convicted of the murder of her child under 12 months. The 1949 Act makes possible the alternative charge of infanticide if her act is attributable to the balance of her mind being disturbed by reason of her not having recovered from the effect of having given birth - i.e. if the killing is attributable to post-natal depression. A charge of infanticide is effectively the same as a charge of manslaughter.

    But the 1949 Act is not exclusive - it doesn;t rule out the possiblity of a charge of murder. Indeed, if there is no evidence of post-natal depression, a charge of infanticide isn't possible.


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