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Infanticide is an offence under section 22A of the Crimes Act 1900, which carries a maximum penalty of 25 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You were a woman
  2. You caused the death of your child
  3. You did so by a wilful act or omission
  4. Your child was under the age of 12 months, and
  5. Your mind was disturbed by reason of not having fully recovered from giving birth, or by reason of the effect of lactation consequent on birth.

The offence is available as an alternative to a murder charge.

Duress is a defence to the charge.

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