I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
In NSW an act or a failure to act that results in the death of another person is a homicide. Homicides offences are divided into two main categories; murder and manslaughter. Infanticide is similar to the offence of murder in that it involves intentional killing. However, it only applies where the person killed was a child under the age of 12 months and the offender was the child’s mother and she was suffering mental illness associated with the birth of the child, such as post-natal depression.
Infanticide is a much less serious offence than murder, because the law recognises that new mothers can go through some very serious mental illnesses associated with the birth of a child and that killing a child while in this state carries a lower level of culpability than killing a person under other circumstances.
The offence of infanticide is contained in section 22A of the Crimes Act.
The section states that where the mother of a child who is aged under 12 months causes the death of the child at a time that ‘the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child’ then she is guilty of infanticide and not of murder or manslaughter.
The provision further states that where a woman is tried for the murder of a child under the age of 12 months, the jury may find her guilty of infanticide as an alternative verdict if it believes that at the time of the act her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to such child or by reason of the effect of lactation consequent upon the birth of the child. The woman may be dealt with and punished as if she had been guilty of the offence of manslaughter of the said child.
What actions might constitute infanticide?
A woman may be charged with infanticide where:
- She is suffering from post-natal depression smothers her three-month-old daughter because she won’t stop crying;
- She fails to take her newborn back to the hospital for several days despite a very high fever and visible rash because she is depressed and can’t bear to get out of bed;
- She fails to feed her 10-month-old baby causing it to die because she is suffering from a psychosis that has her believing that the child is the devil.
What must be proven?
To find a woman guilty of infanticide the prosecution must prove each of the following matters beyond a reasonable doubt:
- That she is the natural mother of the child;
- That the child was less than 12 months old;
- That she did an act or failed to do an act;
- That she did the act or failed to act because she had not recovered from giving birth or was mentally ill from the effects of lactation post-birth;
- That the act, or failure to act, resulted in the death of her child.
A charge of infanticide can validly be defended by arguing:
- To argue that you did not do the acts alleged (factual defence);
- To argue that your act or failure to act did not cause the death of the child.
Infanticide is a strictly indictable offence and must be finalised in the Supreme Court.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
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