Court of Appeal Wellington
20, 21 June; 16 August 1990
Richardson, Somers, Casey, Hardie Boys and Smellie JJ
20, 21 June; 16 August 1990
Richardson, Somers, Casey, Hardie Boys and Smellie JJ
Criminal law — Offences — Killing unborn child — Accused was convicted under s 182 of Crimes Act of killing an unborn child where foetus was of 26 weeks gestation — Judge directed jury that Crown had to prove that child was capable of being born alive — Whether offence under s 182 arose only if killing occurred during labour or after the child had left uterus — Whether foetus was an unborn child — Whether Judge's direction to jury was correct — Crimes Act 1961, ss 159, 182, 183, 186 and 187A.
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