Court upholds infanticide defence By KEVIN CONNOR, QMI AGENCY Last Updated: March 2, 2011 12:13pm
TORONTO — The Court of Appeal for Ontario has ruled that mothers who kill their babies may use an infanticide defence and cut time off their sentence. The court ruled Wednesday that a woman can be charged with infanticide even if there is evidence of murder. "If the Crown proves that the accused committed a culpable homicide, the jury must then decide the nature of the culpable homicide. The jury should be told to consider infanticide first," the ruling says. "If the Crown fails to negate at least one of the elements of infanticide beyond a reasonable doubt, the jury should be instructed to return a verdict of not guilty of murder, but guilty of infanticide." The woman in the case can only be referred to as L.B. because she was 17 at the time of her first baby's death in 1998. L.B.'s second baby was killed in 2002. L.B. admitted to killing her two babies, but was acquitted in Guelph, Ont., court of two counts of first-degree murder using the infanticide defence. An infanticide defence can be used if a woman kills her baby when suffering a mental illness such as postpartum depression. If convicted of infanticide, a woman would get a maximum sentence of five years as opposed to a life sentence for a first-degree murder conviction.
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Eighteenth-Century Philadelphia,â Pennsylvania Magazine of History and Biography, 106, no. 2 (Apr.,. 1982): 151-186; Rowe, âInfanticide, Its Judicial Resolution,â 201; Jack D. Marietta and G.S. Rowe,. Troubled Experiment: Crime and Justice in P
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