New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 22A

22A Infanticide

(1) A woman is guilty of infanticide and not of murder if--

(a) the woman by an act or omission causes the death of a child, in circumstances that would constitute murder, within 12 months of giving birth to the child, and

(b) at the time of the act or omission, the woman had a mental health impairment that was consequent on or exacerbated by giving birth to the child.

(2) A jury may, at the trial of a woman for the murder of her child, find the woman guilty of infanticide and not of murder if the jury is of the opinion that--

(a) the woman by an act or omission caused the death of the child, in circumstances that would constitute murder, within 12 months of giving birth to the child, and

(b) at the time of the act or omission, the woman had a mental health impairment that was consequent on or exacerbated by giving birth to the child.

(3) A woman found guilty of infanticide under this section may be dealt with and punished as if the woman had been guilty of the offence of manslaughter of the child.

(4) Nothing in this section affects the power of the jury on an indictment for the murder of a child to return--

(a) a verdict of manslaughter, or

(b) a special verdict of act proven but not criminally responsible (within the meaning of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 ), or

(c) concealment of birth.