CRIMES ACT 1900 - SECT 54B
Offence of causing loss of a foetus (death of pregnant woman)
CRIMES ACT 1900 - SECT 54B
Offence of causing loss of a foetus (death of pregnant woman)
54B Offence of causing loss of a foetus (death of pregnant woman)
(1) A person commits an offence against this section (an
"offence of causing the loss of a foetus (death of pregnant woman)" ) if--
(a)
the person's act or omission constitutes an offence under a homicide provision
(the
"relevant homicide provision" ), and
(b) the victim of the offence is a
pregnant woman, and
(c) the act or omission includes causing the loss of the
pregnant woman's foetus.
(2) A person may be charged with an offence of
causing the loss of a foetus (death of pregnant woman) in relation to an act
or omission of the person only if the person is also charged with an offence
under the relevant homicide provision in relation to the same act or omission.
(3) A person who commits an offence of causing the loss of a foetus (death of
pregnant woman) is liable for a maximum penalty of 3 years' imprisonment.
(4)
In a proceeding for an offence of causing the loss of a foetus (death of
pregnant woman) it is not necessary for the prosecution to prove that the
defendant knew, or ought reasonably to have known, that the woman was
pregnant.