Criminal Liability for Death of Unborn Child
Criminal Liability for Death of Unborn Child
In February 2011, Hon Simon Power, Minister of Justice asked the Ministry of Justice to provide a briefing on the law regarding criminal liability for the death of an unborn child.
The current approach in New Zealand provides charges that prosecutors can consider under the Crimes Act 1961, including section 182 (death of an unborn child).
In cases that do not come within the specific offences, the death of an unborn child can be considered as an aggravating factor on sentencing in any offending proved, for example against the mother. Such offences could include murder, manslaughter or wounding with intent to cause grievous bodily harm. This is consistent with legislation in similar jurisdictions.
Briefing on the law regarding criminal liability for the death of an unborn child (PDF).
