Dr Karen Brennan & Dr Emma Milne examine the socio-historical context behind the infanticide law
- For the offence/defence of infanticide to apply, the mental disturbance suffered by the accused does not need to be solely due to the consequence of giving birth. Providing birth was an operating or substantial cause, there may also be other contributing factors, such as pre-existing mental health conditions.
- Infanticide operates as a mechanism for lenience in instances where a woman kills her infant while experiencing a disturbance of the balance of the mind.
- Cases of newborn child killing involve vulnerable women. This has been recognised historically in the disposal of women who kill newborn children and the Infanticide Act is still needed today to facilitate leniency in such cases.
In July 2018, the Court of Appeal ruled that a woman could rely on the Infanticide Act 1938 even in situations where the disturbance of the balance of her mind was not caused ‘solely’ by reason of the effect of childbirth (R v Tunstill [2018] EWCA Crim 1696, [2018] All ER (D) 26
