Mother charged with manslaughter

Press, 30 November 1982, Page 4

Mother charged with manslaughter

PA ’ Wellington-, -1. A 21^63^-018,woman faced a manslaughter charge in,the High Court at Wellington yesterday arising from' .the death of her day-old child, born' through an incestuous relationship with-her father. Mr Justice-Greig made ah interim, order suppressing--the accused's name:-- -a - , ; ' She is charged that, being the parent of an unnamed ’ female child in her custody she omitted without lawfulexcuse to provide the.child with the necessities of life, thereby causing her death. ■ . The trial is before a jury of seven men and five women, . ‘

Mr C. H. Toogood, with him Mr J. B. M. Smith is appearing for the Crown and Mr R. Stacey, with him Mr J. K. W. Blathwayt for the accused. . . ;. ■

It was difficult to imagine a more tragic case, Mr Toogood, said in h'S opening address. / The accused had become pregnant through an incestu : ous relationship with her father. On July 27 at her home she gave’ birth to an

-apparently healthy child. Her parents were in the next • room.

’ She pdt her hand over the child’s mouth and then went to sleep. She did nothing to provide the - child with warmth. • ■

■ She wrapped the' child’s body in a blanket and hid it behind a duchess. A post mortem showed that death had been because of want of care at birth and loss of body temperature due to a failure to provide warmth. ~

Mr Toogood said that parents were under: a legal .duty, to provide the necessities of life under 16 that included' clothing, warmth, mgdical care and hospital treatment. .. In cases such as the pre; sent it was often necessary, for a jury to, consider infanticide rather than man-slaughter,-Mr Toogood said.

Infanticide was when a woman caused the death of a child under 10 when the balance of her mind was disturbed by reason of not having fully recovered from giving birth to the extent that she should not be held fully responsible.