Victorian Consolidated Legislation

Crimes Act 1958 - SECT 6

Infanticide

6. Infanticide



(1) If a woman carries out conduct that causes the death of her child in
circumstances that would constitute murder and, at the time of carrying out
the conduct, the balance of her mind was disturbed because of-

   (a)  her not having fully recovered from the effect of giving birth to that
        child within the preceding 2 years; or

   (b)  a disorder consequent on her giving birth to that child within the
        preceding 2 years-

she is guilty of infanticide, and not of murder, and liable to level 6
imprisonment (5 years maximum).

(2) On an indictment or presentment for murder, a woman found not guilty of
murder may be found guilty of infanticide.

Note See sections 10(3) and 421 for other alternative verdicts.

(3) Nothing in this Act affects the power of the jury on a charge of murder of
a child to return a verdict of not guilty because of mental impairment.