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ARTICLE · 14 DECEMBER 2019

What is infanticide in the criminal law?

Infanticide in the Crimes Act (NSW) involves a woman killing her own child, when it's under the age of 12 months.

AustraliaCriminal Law

A mother living in North Strathfield held her six-month-old baby's head under the water in a bathtub on 18 November 2010, until the child stopped breathing. The woman then called triple zero to report that her daughter had fallen from her bath seat and drowned.

Despite the operator pleading with the mother to go back into the bathroom to retrieve her baby from the water, all the woman kept saying was "I can't go in there". And later that same day, the mother was admitted into the psychiatric ward of Concord Hospital.

At trial, the NSW Supreme Court heard that for months the woman had been obsessed about her baby having dwarfism or some other genetic disorder. And psychiatrists testified that within 24 hours of giving birth, her prior schizoaffective disorder spiralled into postpartum psychosis.

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