Infanticide refers to the death of a newborn child caused by a mother whose mental state has been compromised due to the physical and psychological effects of childbirth. 

Definition of Infanticide in the Criminal Code

According to Section 233 of the Criminal Code:

“A female person commits infanticide when by a wilful act or omission she causes the death of her newly-born child, if at the time of the act or omission she is not fully recovered from the effects of giving birth to the child and by reason thereof or of the effect of lactation consequent on the birth of the child her mind is then disturbed.”

This provision, introduced in 1948, acknowledges the significant toll childbirth can have on a woman’s mental well-being. Infanticide is an offence that specifically applies to women, distinguishing it from other homicide-related crimes.

Facing an infanticide charge? Contact us today at (855) 585-1777 for trusted legal advice and a strong defence strategy.

Essential Elements of Infanticide

For the Crown to secure a conviction for infanticide, it must be proven beyond a reasonable doubt that:

  1. The accused, being a female person, committed a wilful act or omission.
  2. The act or omission resulted in the death of the accused’s newly-born child.
  3. The child was under 12 months old at the time of death.
  4. At the time of the incident:
    • The mother had not yet fully recovered from the physical or psychological effects of childbirth; or
    • The mother’s mental state was disturbed due to the effects of lactation.

The term “wilful act or omission” implies intent or a foreseeable risk of harm, which aligns with the principles used to assess culpability in other forms of homicide.

Infanticide as Both an Offence and Defence

Infanticide is distinct in that it can serve both as a stand-alone offence and as a partial defence to a murder charge. Specifically:

  • If a woman is charged with murder but evidence supports the criteria for infanticide, the conviction may be reduced to infanticide, which carries less severe penalties.
  • This legal approach reflects the courts’ recognition of diminished moral responsibility when mental disturbance related to childbirth is a contributing factor.

Potential Sentences and Consequences of Infanticide

Under Section 237 of the Criminal Code, infanticide is classified as a hybrid offence, allowing the Crown to choose how to proceed:

  1. Indictment: Maximum penalty of five years imprisonment.
  2. Summary Conviction: Generally involves more lenient sentences, such as probation or suspended sentences.

There is no mandatory minimum sentence for infanticide. Sentences in such cases often consider the unique circumstances of the accused, resulting in outcomes that may range from probation to incarceration, depending on the case.

Accused of infanticide? Speak to an experienced criminal defence lawyer now. Call (855) 585-1777 for a consultation.

Aggravating Factors

While the law recognizes that infanticide involves diminished culpability, certain aggravating factors can influence the court to impose a more severe sentence. These include:

  • Premeditation or planning
  • Attempts to conceal the crime
  • Absence of remorse
  • Failure to seek help
  • Extended suffering of the child

Potential Defences Against an Infanticide Charge

Building a strong defence for an infanticide charge requires a comprehensive understanding of the law and the surrounding circumstances. Key defence strategies may include:

  • Insufficient Evidence: The Crown must establish all elements of the offence, including causation and the accused’s mental state at the time.
  • Medical and Psychological Evidence: Expert testimony can demonstrate that the accused’s mental disturbance, resulting from childbirth or lactation, aligns with the definition of infanticide.

An experienced criminal defence lawyer will carefully examine the details of your case, challenge the Crown’s evidence, and advocate for the most favourable outcome possible.

Don’t Face Your Infanticide Charge Alone

An experienced criminal defence lawyer is vital when dealing with infanticide charges. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.

Get a Free Legal Consultation With a Criminal Lawyer

Do not hesitate to contact us if you are facing infanticide charges. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.

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