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Criminal law (statutory offences) ” Concealment of Birth Act [Chapter 9:04] ” s 2 ” hiding live infant with intent to conceal birth ” offence committed ” same conduct could be charged under other statutes
The accused had given birth to a child. Wishing to conceal the birth, she put the infant in an anthill. The child was found alive a day or so later. She was charged with contravening s 2 of the Concealment of Birth Act [Chapter 9:04], that is, by secret burial or other disposal of the body of the child, endeavouring to conceal the birth thereof. The scrutinising regional magistrate queried the appropriateness of the charge. Held, that it was no longer necessary to show that the accused had disposed of the dead body of her child. The 1969 amendment to the legislation was to the effect that if the woman disposes of the body in an endeavour to conceal the birth, whether the baby is dead or alive at the time, she has committed the offence. However, a charge of attempting to contravene s 2 of the Infanticide Act [Chapter 9:12] or of contravening s 7(e) of the Children's Act [Chapter 9:04] (leaving an infant unattended in circumstances which were likely to cause the infant physical or mental distress or harm) would have been equally competent.
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