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Criminal Code Act 1983
317Charge of homicide of child
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317 Charge of homicide of child
Upon an indictment charging a person with murder or
manslaughter, if it appears that the person alleged to have been
killed was a child of which a woman had recently been delivered,
the accused person may be found guilty alternatively of the offence
of preventing the child from being born alive by an act or omission
of such a nature that, if the child had been born alive and had then
died, he would be deemed to have unlawfully killed the child, or of
the offence of disposing of the dead body of a child with the
intention of concealing the child's birth.