ACT Criminal Law
National Criminal Law
NSW Criminal Law
QLD Criminal Law
VIC Criminal Law
WA Criminal Law
I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.
Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.
Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
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
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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