Have you been charged with Concealing the Birth of a Child?
If so, you will need to speak with an experienced criminal lawyer as soon as possible. There are several questions you will need to consider in relation to this charge.
Can the prosecution make out their case? Did you secretly dispose of the body of a child who died before, at or after its birth? Was this done in order to conceal the birth of the child? Did you act alone?
The word ‘disposition’ is defined broadly in the case law. This must be kept in mind and considered in light of the circumstances of your case, prior to telling the court how you intend to plead.
Please read below for more information in relation to this charge.
The offence
Section 67 of the Crimes Act 1958.
The prosecution must prove:
A child, which had reached a state of gestation at which in the ordinary course of things it would when born have had a fair chance of life, has died whether before, at or after its birth;
The dead body of the child has been secretly disposed of;
The disposition was made for the purpose of concealing the birth of the child.
The maximum penalty
Level 9 imprisonment being a maximum of 6 months.
Where will my case be heard?
Concealing the Birth of a Child cases can only be heard in the Magistrates’ Court of Victoria.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
See a criminal lawyer urgently. Thorough preparation in relation to any legal matter is critical. Ensure that you do not delay in obtaining legal advice.
If you have been charged with Concealing the Birth of a Child talk to one of our experienced lawyers today.
The legislation
Section 67 Concealing birth of a child
If any woman has been delivered of a child, every person who by any secret disposition of the dead body of the said child whether such child died before at or after its birth endeavours to conceal the birth thereof, shall be guilty of a summary offence, and shall be liable to level 9 imprisonment (6 months maximum).
