Infanticide is when a mother murders her child, because she has not recovered from giving birth. Or because of a disorder she developed as a result of the child birth.
  • 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.

  • 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, 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.

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?”

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.