Infanticide
Date Updated: January 2012
Title: Homicide
Offence: Infanticide
Legislation: Infanticide Act 1938 section 1
Mode of Trial: Indictable only
Statutory Limitations & Maximum Penalty: Life imprisonment
Sentencing Range: Serious specified violent offence
Archbold 19-135
Aggravating & Mitigating Factors
Any such factors are likely to be related to the individual case due to the nature of this offence
Relevant Sentencing Guidelines (If Any)
Neither SGC definitive guideline nor guideline case covering this offence.
Relevant Sentencing Case Law
R v Sainsbury (1989) 11 Cr App R (S) 533
Appellant, a girl aged 17, pleaded guilty to infanticide. When aged 15, she became pregnant as a result of a relationship with a boyfriend, did not tell anyone, and gave birth without medical assistance in his bedsit. The baby was placed in a river and the body was found three months later. Court of Appeal informed that of 59 cases of infanticide recorded between 1979 and 1988, none resulted in a custodial sentence: 52 orders of either probation or supervision, six hospital orders, one of which was restricted. Sentence of 12 months' detention in a young offender institution varied to a probation order for three years
Recent Decisions reported in CSP at B1-6.3 and Banks Volume 2 Page 661.
Ancillary Orders:
- Children and Vulnerable Adults - if the defendant is 18 or over then he is automatically barred from engaging in regulated activity with children and vulnerable adults.
Consider Also:
- A discretionary power exists to make a SOPO.
