Is the criminalisation of excessive alcohol consumption during pregnancy possible, asks David Locke
The Court of Appeal is currently considering its judgment in what some seek to portray as a landmark case. It is, however, no more than another footnote in what is a philosophical, moral and legal debate of many years standing, in this jurisdiction and others.
The appeal is an attempt to secure criminal injuries compensation for a child born with foetal alcohol syndrome, as a result of alcohol consumption by the mother during pregnancy. To obtain such compensation it is necessary for the child to be classified as the victim of a crime, committed when it was a foetus. Moreover, it is necessary for the consumption of alcohol during pregnancy to constitute a criminal offence, in the particular circumstances.
The court will hand down its judgment in due course, but in the interim the supposed implications are providing fertile ground for discussion and no little misunderstanding.
The foetus as a victim
The position under the criminal law was considered comprehensively in Attorney General’s Reference (No 3 of 1994) . The
