child destruction

The sentencing judge remarked that she might equally have been charged with child destruction.

Child destruction is punishable with imprisonment for life or for any shorter term.

The charge of child destruction is rare.

New South Wales has no child destruction law.

Section 25 of the Act creates the offence of child destruction, which states:

Child destruction is an indictable-only offence.

A person guilty of child destruction is liable to be punished as though he was guilty of manslaughter.

Child destruction is defined in section 47B of the Offences against the Person Ordinance.

The Bill for this Act was initially introduced as the Child Destruction Bill.

Child destruction

Child destruction is an "excluded offence" for the purposes of section 32 of the Criminal Justice Act 1982.

In English law, "child destruction" is the crime of killing a child "capable of being born alive", before it has "a separate existence".

Child destruction, contrary to section 1(1) of the Infant Life (Preservation) Act 1929

Carl Whant, 27, of Bettws, near Newport, denies murder, child destruction, rape and arson.

He argued a possible breach of the Victorian Crimes Act which creates an offence of child destruction after 28 weeks gestation had occurred.

Child destruction is the name of a statutory offence in England and Wales, Northern Ireland and Hong Kong.

Since he had intended to kill the foetus in the womb, whereas in fact the baby died shortly after birth, he was convicted of manslaughter and attempted child destruction.

In England and Wales, it was subsequently extended to allow the jury to find an alternative verdict of this offence on a charge of child destruction or a charge of infanticide.

In May 2007, a woman from Levenshulme, Manchester who in early 2006 had an illegal late-term abortion at 7 months was convicted of child destruction under the Infant Life (Preservation) Act 1929.

The crown advocate of the Crown Prosecution Service in Wales said, "Child destruction is a very rarely used charge; we are not aware of another case like this one in Wales".

However, as Justice Menhennitt pointed out, the Victorian definition of child destruction (in section 10 of the Crimes Act) does not include the proviso in the English legislation; instead, it simply says "unlawfully".

In South Wales, in February 2012, Carl Whant was convicted of child destruction after he fatally stabbed Nikitta Grender, who was 8 months pregnant, in the abdomen in February 2011.

The coroner reporting on the 1998 Omagh bombing recommended that the Director of Public Prosecutions for Northern Ireland should prosecute for two counts of child destruction as well as 29 of murder, as one of the people killed was 34 weeks pregnant with twins.

Where on the trial of any person for infanticide the jury are of the opinion that the person charged is not guilty of infanticide, but that he is shown by the evidence to be guilty of child destruction, the jury may find him guilty of that offence.