|
The Infanticide Act 1938 (1 & 2 Geo 6 c 36) is an Act of the Parliament of the United Kingdom. It creates the offence of infanticide for England and Wales. ==Section 1 - Offence of infanticide== Sections 1(1) to (3) now read: Amendments The word "if" was substituted for the words "notwithstanding that" in sections 1(1) and (2) by sections 57(2)(a) and (3)(a) of the Coroners and Justice Act 2009. The words "or manslaughter" were inserted in sections 1(1) and (2) by sections 57(2)(a) and (3)(a) of that Act. The words at the end of section 1(3) were repealed by Part III of Schedule 3 to the Criminal Law Act 1967. Section 1(4) was also repealed by that Part. "Notwithstanding that" In R v Gore,〔R v Gore () EWCA Crim 2789〕 the Court of Appeal held that this expression meant "even if". Restriction on institution of proceedings Proceedings against a person for infanticide, if the injury alleged to have caused the death was sustained more than three years before the death occurred, or the person has previously been convicted of an offence committed in circumstances alleged to be connected with the death, may only be instituted by or with the consent of the Attorney General.〔The Law Reform (Year and a Day Rule) Act 1996, (sections 2(1) and 2(2) and 2(3)(a) )〕 Alternative verdict 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.〔The Infant Life (Preservation) Act 1929, section 2(2)〕 Mode of trial Infanticide is triable only on indictment.〔Archbold Criminal Pleading, Evidence and Practice. 1999. Paragraph 19-139 at page 1598.〕 Sentence The effect of the words "punished as if she had been guilty of the offence of manslaughter" is that a person convicted of infanticide is liable to imprisonment for life.〔Archbold Criminal Pleading, Evidence and Practice. 1999. Paragraph 19-141 at page 1598.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Infanticide Act 1938」の詳細全文を読む スポンサード リンク
|