Member

To be technical for a moment, in drafting the defence, I have, by imposing the burden of proof on the mother, reflected the language of the Homicide Act 1957. Under the Infanticide Act, the burden is on the prosecution to negate the defence. I have also provided that the balance of the mother’s mind must be “seriously disturbed”, and that is a more stringent test than that provided in the Infanticide Act. Where the burden of proof should rest and the stringency of the test could, of course, be matters for further consideration and maybe compromise.