Infanticide

Infanticide involves the tragic death of a newborn child, caused by a mother whose mental state has been disturbed as a result of giving birth. While infanticide carries significant legal consequences, it is recognized as a less culpable form of homicide compared to murder or manslaughter.

Infanticide: Criminal Code Definition

Under 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 law, introduced in 1948, acknowledges the physical and mental effects of childbirth, which can impair a mother’s state of mind. It is a gender-specific offence and applies only to women.

Charged with infanticide? Protect your future. Call (306) 994-9522 for immediate legal support and guidance from a criminal lawyer.

Key Elements of Infanticide

To convict someone of infanticide, the Crown must prove beyond a reasonable doubt that:

1. The accused committed a wilful act or omission that caused the death of her newly-born child.
2. The child was less than 12 months old at the time of death.
3. At the time of the act or omission:
   • The accused was not fully recovered from the effects of childbirth; or
   • The accused’s mind was disturbed due to the effects of lactation caused by childbirth.

The “wilful act or omission” requirement establishes intent or foreseeability of harm, which is also a key factor in other homicide-related offences.

Infanticide as a Stand-Alone Offence and Defence

Infanticide is unique because it can function as both a stand-alone offence and a partial defence to a charge of murder. This means:

• If you are charged with murder, evidence of infanticide may reduce the conviction to infanticide instead of a more severe penalty.
• Courts recognize that infanticide reflects diminished moral culpability due to the mother’s mental state.

Potential Penalties and Consequences for Infanticide

Infanticide is a hybrid offence under Section 237 of the Criminal Code, meaning the Crown can proceed either:

1. By indictment, where the maximum penalty is five years of imprisonment.
2. By summary conviction, which often results in lighter sentencing.

There is no minimum penalty for infanticide. In practice, sentences can vary significantly, with some cases resulting in suspended sentences or probation rather than jail time. 

Need help with an infanticide charge? Call (306) 994-9522 to connect with a knowledgeable criminal defence lawyer who can fight for you.

Aggravating Factors: 

Although infanticide reflects reduced culpability under the law, specific aggravating factors may lead the court to impose a harsher sentence. These factors include:

• Deliberate planning or forethought
• Evidence of concealment
• Lack of remorse
• Failure to seek assistance
• Prolonged harm to the child

Defending Against an Infanticide Charge

Defending against an infanticide charge requires careful analysis of the circumstances leading to the incident. Some common defences include:

• Lack of Evidence: The Crown must prove all elements of the offence, including the accused’s mental state and the cause of death.
• Mental State Challenges: Medical and psychological evidence may demonstrate that the accused was suffering from the effects of childbirth or lactation, supporting the claim of infanticide.

Your criminal lawyer will work to ensure that all legal and factual elements are challenged appropriately, seeking the most favourable outcome for you.

Have You Been Charged with Infanticide?

An experienced criminal defence lawyer is essential when facing infanticide charges. A criminal defence lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your case.

Need a Criminal Defence Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Defence Lawyer

Don't hesitate to reach out to us if you have been charged with infanticide. Call (306) 994-9522, and a skilled criminal defence lawyer will discuss your case with you and explore your options.