Author: Una Ebsworth
Practice area: Murder & manslaughter offences
Una is a Director at Doogue + George, recognised by Doyle's Guide as a Preeminent Criminal Defence Lawyer in Victoria (2026) and an LIV Accredited Criminal Law Specialist since 2014 with over 15 years of experience in serious indictable matters. Her depth of experience in this area means clients receive accurate, considered advice.
View full profile →Una authored this content and last revised it for accuracy on 6 August 2026.
What is the offence of Infanticide?
Infanticide is a specific homicide offence created by section 6 of the Crimes Act 1958 (Vic). It applies to a narrow category of cases involving the death of a child and recognises the legal significance of a mother’s mental condition following childbirth.
Key points
- What must be proved: The child’s death occurred in circumstances that would otherwise be murder and the accused’s mind was disturbed by a mental disorder
- Type of conduct: The offence is limited to mothers affected by a childbirth-related mental disorder
- Usual court level: County Court
The maximum penalty for Infanticide is level 6 imprisonment (5 years).
Common defences may include lack of responsibility for the child’s death; the presence of a mental impairment not confined to childbirth.
If you have been accused of this offence, contact a specialist Infanticide lawyer immediately.
Police Interview
The Police interview is not the time or place for you to tell your side of the story or explain why you did or did not do something. The Police interview is structured to follow their narrative of what occurred and to illicit admissions from you. If your explanation of events even on minor details changes at a later stage, the Prosecution will use this as evidence that you are a liar and an unreliable witness. Speak to us today to get some advice about speaking to Police if you are accused of this charge.
Pleading Not Guilty
Our lawyers are experts in Criminal Law and they are also kind and compassionate. If you are facing trial for a charge such as this it can be an extremely emotional time. It is important that you engage competent lawyers who know the best course of action for every step of the Court process. Many of our lawyers are accredited criminal law specialists and we have in-house counsel who can represent you in court. They have won many Trials through careful cross examination of witnesses.
Pleading Guilty
A strong plea in mitigation made on your behalf can make a huge difference to the sentence you receive. An expert infanticide lawyer knows what works and doesn’t work in Court. We can effectively persuade the Judge that you deserve the fairest possible penalty. We will work with you to gather supporting documentation. We can help you obtain medical and psychological reports. Our job is to craft all available material into a persuasive narrative that informs the Court about your personal circumstances and the circumstances of your offending.
Examples of Infanticide
- After not being able to sleep for weeks on end and being mentally unwell, a mother overdoses her child with a sleeping liquid.
- A woman gave birth and developed post-natal depression. When her child was 3 months old, she smothered her child in its sleep.
Defences
- You were not responsible for the death of your child.
- You suffer from mental impairment beyond a disorder from the child birth.
There are other possible defences that may be raised by an expert Infanticide lawyer, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.
Questions in cases like this
- Do you know how your child died?
- Do you suffer from a clinically diagnosed mental impairment?
Maximum penalty and court that deals with this charge
The maximum penalty for Infanticide (s6 of the Crimes Act 1958) is level 6 imprisonment (5 years).
This type of offence would be heard in the County Court.
What can you be sentenced to for this charge?
Infanticide is a very serious offence. However, often the courts will not imprison the accused because of tragic factual circumstances. The death of any child is a tragedy and the Courts, generally, understand that it is the product of a very sad turn of events.
Legislation
The section that covers this offence is section 6 of the Crimes Act 1958.
What is the legal definition of Infanticide?
The Prosecution must prove that you caused the death of your child, in circumstances that would have amounted to murder. And your mind at the time of the offence was disturbed by a mental disorder.
Do you suffer from a disorder?
