The defendant was convicted of murder. He stabbed a pregnant woman, causing the premature birth and then death of her child.
Held: Murder is a possible charge for a wound inflicted on an infant en ventre sa mere, but dying after a live birth. The fact of a child’s death after birth from an injury inflicted on the mother whilst the child was in the womb, can found a murder charge.
A foetus is ‘a child capable of becoming a person in being’ and was sufficient to found a conviction for murder: ‘That is not to say that we think if an intention is directed towards the foetus a charge of murder must fail. In the eyes of the law the foetus is taken to be a part of the mother until it has an existence independent of the mother. Thus an intention to cause serious bodily injury to the foetus is an intention to cause serious bodily injury to a part of the mother just as an intention to injure her arm or her leg would be so viewed. Thus consideration of whether a charge of murder can arise where the focus of the defendant’s intention is exclusively the foetus falls to be considered under the head of transferred malice as is the case where the intention is focused exclusively or partially upon the mother herself.’
Mustill LJ commented on the doctrine of transferred malice: ‘Like many of its kind this is useful enough to yield rough justice, in particular cases, and it can sensibly be retained notwithstanding its lack of any sound intellectual basis. But it is another matter to build a new rule upon it.’
Judges:
Mustill LJ
Citations:
Times 06-Dec-1995, Times 29-Nov-1995, [1996] QB 581, [1997] 3 All ER 936
Jurisdiction:
England and Wales
Cited by:
Appeal from – Attorney-General’s Reference (No 3 of 1994) HL 24-Jul-1997
The defendant stabbed a pregnant woman. The child was born prematurely and died. The attack had been directed at the mother, and the proper offence was manslaughter.
Held: The only questions which need to be addressed are (1) whether the act . .
Cited – In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation) CA 22-Sep-2000
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The . .
Cited – Gnango, Regina v SC 14-Dec-2011
The prosecutor appealed against a successful appeal by the defendant against his conviction for murder. He and an opponent had engaged in a street battle using guns. His opponent had shot an innocent passer by. The court was now asked as to whether . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 08 October 2022; Ref: scu.78010
