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INFANTICIDE ACT (NORTHERN IRELAND) 1939 - SECT 1

1.(1) Where a woman by any wilful act or omission causes the death of her
child, being a child under the age of twelve months, but at the time of the
act or omission 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, notwithstanding that the circumstances were such that but for this Act
the offence would have amounted to murder, she shall be guilty of felony, to
wit of infanticide, and may for such offence be dealt with and punished as if
she had been guilty of the offence of manslaughter of the child.

(2) Where upon the trial of a woman for the murder of her child, being a child
under the age of twelve months, the jury are of opinion that she by any wilful
act or omission caused its death, but that at the time of the act or omission
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 the jury may,
notwithstanding that the circumstances were such that but for the provisions
of this Act they might have returned a verdict of murder, return in lieu
thereof a verdict of infanticide.

(3) Nothing in this Act shall affect the power of the jury upon an indictment
for the murder of a child to return a verdict of manslaughter or a verdict of
[not guilty on the ground of insanity]....

Subs.(4) rep. by 1967 c.18 (NI) s.15(2) sch.2 Pt.II

© 1939 Crown Copyright

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