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INFANTICIDE ACT (NORTHERN IRELAND) 1939

INFANTICIDE ACT (NORTHERN IRELAND) 1939 - LONG TITLE

An Act to repeal and re-enact with modifications the provisions of
the Infanticide Act, 1922, as applied to Northern Ireland by the
Uniformity of Laws Act (Northern Ireland), 1922.
[2nd May 1939]
Offence of infanticide.

INFANTICIDE ACT (NORTHERN IRELAND) 1939 - SECT 1

1.(1) Where a woman by any wilful act or omission causes the death
of her child, being a child under the age of twelve months, but
at the time of the act or omission the balance of her mind was
disturbed by reason of her not having fully recovered from the
effect of giving birth to the child or by reason of the effect of
lactation consequent upon the birth of the child, then,
notwithstanding that the circumstances were such that but for this
Act the offence would have amounted to murder, she shall be guilty
of felony, to wit of infanticide, and may for such offence be
dealt with and punished as if she had been guilty of the offence
of manslaughter of the child.

(2) Where upon the trial of a woman for the murder of her child,
being a child under the age of twelve months, the jury are of
opinion that she by any wilful act or omission caused its death,
but that at the time of the act or omission the balance of her
mind was disturbed by reason of her not having fully recovered from
the effect of giving birth to the child or by reason of the
effect of lactation consequent upon the birth of the child, then
the jury may, notwithstanding that the circumstances were such that
but for the provisions of this Act they might have returned a
verdict of murder, return in lieu thereof a verdict of infanticide.

(3) Nothing in this Act shall affect the power of the jury upon
an indictment for the murder of a child to return a verdict of
manslaughter or a verdict of [not guilty on the ground of
insanity]....

Subs.(4) rep. by 1967 c.18 (NI) s.15(2) sch.2 Pt.II

INFANTICIDE ACT (NORTHERN IRELAND) 1939 - SECT 2
Short title.

2.(1) This Act may be cited as the Infanticide Act (Northern
Ireland), 1939.

Subs.(2) rep. by SLR (NI) 1952; subs.(3) rep. by 1954 c.33 (NI)
s.48(1) sch.