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What is child murder and how long is the imprisonment sentence for this offence in New South Wales (NSW)? Child murder is a heinous crime that shocks and horrifies communities around the world. Families, law enforcement, and the public all deal with pain and indignation as a result of child murder cases.
In this article, we will learn about Sections 20 to 23 of the Crimes Act 1900 of NSW. These sections tackle child murder, infanticide, and trial for murder.
Child Murder: When Is a Child Deemed Born Alive?
Section 20 of the Act states that a child shall be held to have been born alive if:
- it has breathed, and
- has been wholly born into the world whether it has had an independent circulation or not.
Under section 21, if a mother of a child commits child murder, she is liable to imprisonment for 10 years. The courts can convict a mother of this crime if the jury:
- acquits her of such crime and
- finds that she had a wilful contribution to her child’s death whether during delivery, or at or after its birth
- finds that she wilfully caused any violence on the child and a mark of such violence is visible on its body.
Trial for Child Murder: Verdict of Concealment of Birth
Section 22 states that on the trial of a person for the murder or manslaughter of a child, if the jury does not believe that the person is guilty thereof, such person may still be liable for another crime.
Specifically, if the jury thinks that the person is guilty of an offence within section 85 (concealment of birth), they may acquit such person. Moreover, if the jury indeed finds that person guilty of section 85, they shall be liable to punishment accordingly.
What Is Infanticide under the Crimes Act?
If the mother or a woman is not guilty of child murder under section 20, she may be guilty of infanticide under section 22A.
This section states that a woman is guilty of infanticide if:
- the woman by an act or omission causes the death of a child, in circumstances that would constitute murder, within 12 months of giving birth to the child, and
- at the time of the act or omission, the woman had a mental health impairment that was consequent on or exacerbated by giving birth to the child.
Furthermore, a jury may, at the trial of a woman for the murder of her child, find the woman guilty of infanticide and not of murder. This happens if the jury thinks that:
- the woman by an act or omission caused the death of the child, in circumstances that would constitute murder, within 12 months of giving birth to the child, and
- at the time of the act or omission, the woman had a mental health impairment that was consequent on or exacerbated by giving birth to the child.
Also, this section states that a woman found guilty of infanticide under this section may be dealt with and punished as if the woman had been guilty of the offence of manslaughter of the child.
Reporting Child Murder NSW
If you want to report a child murder, you must contact Crime Stoppers NSW. In an emergency, or when a crime is occurring now, call Triple Zero (000). Crime Stoppers provides for the community to report information about crime and criminal activity.
However, if you want to report a non-urgent criminal activity, click this link to report the situation to Crime Stoppers.
Schedule a Consultation with JB Solicitors
If you or someone you know is facing a child murder charge in New South Wales, Australia, it is a priority to seek the services of a criminal defence lawyer as soon as possible.
An expert criminal defence lawyer from JB Solicitors will provide legal representation and advice throughout the criminal justice process and ensure the protection of your rights and that you receive a fair trial.
Contact us today for more information.