Section 20 Crimes Act 1900 | Child Murder when Child Deemed Born Alive


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Section 20 of the Crimes Act says that a child is considered to be alive once it has been wholly born and breathed.

It is not murder to kill a child that is not yet born, however it is murder if the child dies after it is born from injuries that occurred before it was born.

The Legislation

Section 20 of the Crimes Act 1900, which deals with Child Murder when Child Deemed Born Alive, reads as follows:

20 Child Murder when Child Deemed Born Alive

On the trial of a person for the murder of a child, such child shall be held to have been born alive if it has breathed, and has been wholly born into the world whether it has had an independent circulation or not.

Why Sydney Criminal Lawyers®?

Being charged with the murder of a child can be an extremely distressing and emotional experience.

However, with the help of our highly experienced criminal defence team, you can fight the charges to prove your innocence and secure a verdict of ‘not guilty.’

With over 15 years experience defending some of the most complex murder cases, we pride ourselves on our ability to obtain outstanding results in these extremely difficult cases.

Our senior lawyers, who have a wealth of experience winning these types of cases, can advise you of your options when it comes to fighting the charges, or seeking a lenient penalty from the court.

We will dedicate the time and effort to thoroughly examine all the evidence to find problems with the prosecution case – where issues are found, we can push to have the charges dropped outside of court, saving you time and money.

If the matter proceeds to a criminal trial, our experts will fight hard to protect your innocence by raising all possible defences to the charges and presenting all evidence that supports your case in a compelling manner.

Alternatively, if you simply want to accept the charges against you, our expert defence team can help you get the best possible outcome in your case by pushing to have the charges downgraded to a less serious charge.

So call us today on (02) 9261 8881 and book your FREE first conference to find out how we can help you defend your child murder case.