Crime Under Stress of Child Birth

Manawatu Times, Volume 63, Issue 44, 22 February 1938, Page 7

Crime Under Stress of Child Birth

Need for Humane Legislation JURY ACTS ON JUDGE’S ADVICE Per Press Association. NEW PLYMOUTH, Last Night. In the courso of his address to the grand jury at the opening of the sessions ol the Supreme Court at Nev. Plymouth, the Chief Justice, Sir Michael Myers, when dealing with a charge against a young unmarried woman o± the murd«r of her newlyborn child, referred to the passing m England in 1922 of what he termed a very humane Act, 4 ‘ the Infanticide Act,” w'hich was designed to meet such eases in which the act upon which the charge was based, was believed to have been committed while the woman’s mind was unbalanced on accd-int of giving birth to a child. His Honour read the chief part, of the Act to members of the jury and said that where a woman caused the death of her newly-born child, but at the time of the act of murder was nut fully recovered from giving birth to the child, and by reason thereof the balance of her mind was disturbed, she would be guilty of a felony which was termed infanticide. Ten* was something different from insanity. That Act had never been in New Zealand. “We have followed the English iegisjature,” said fcsir Michael Alters, “and passed a corresponding Act, which seems to be a very humane Act. Whether it would apply in'this particular case I can’t say, but if it had been in force in New Zealand it would be u question for the trial jury to consider. It may be,” continued the Chief Justice, “that you may think that an Act on these lines should be brought into force in New Zealand. If you think that it is competent for you to make some presentment to that effect I can assure you it will be forwarded to the proper quarters. In the meantime we have no such Act and if you find, as I apprehend you will, a true bill, it may bo a matter for the trial jury to raise the question of the present charge being reduced.” When the jury returned a true bill in the case under consideration, they also recommended that similar legislation to that to which his Honour had referred should be enacted i*n New Zealand. “I may say at once,” said Bir Michael, “that I think it is a very proper recommendation and it will have my support in forwarding it to the Minister of Justice. This is really an instance of the value which a grand jury may be to the community,” said his Honour.