In Defense Of Baby Killers: Lesson From English Law

Abstract

Across the world, infanticide is the intentional killing of infants, who are brutally killed by stabbing, exposure, drowning or even in the worst-case scenario, by poisoning. For instance, in the United States infants were drowning in the bathroom and in Australia, a newborn baby was found dead in a stormwater drain. Similarly, in the ASEAN region, Malaysia, the offspring were abandoned and filicide. Most of the literature has argued that the common factors were linked to the mothers' physiological changes after giving birth, lactation, and suffering from mental disturbance. It is commonly known that a lot of literature deals with either crime or the law itself, leaving a gap in the literature about Malaysia. This article examines the crime from the perspective of the laws that now govern it in Malaysia and England. The Penal Code, the Child Act of 2001, and the Infanticide Act of 1938 serve as the major sources for the doctrinal analysis and primary material used in this essay. the secondary sources, which include government reports, textbooks, journal articles, case law, online databases, and other literary sources. This study is significant as it contributes to the body of knowledge and further provides further understanding and appreciation of the Infanticide Act 1938 in the U.K. The findings would promote enhanced administration of justice and specifically facilitate the policy-making process by the policymakers in achieving greater consistency in sentencing female infanticide offenders. The authors argue that the law available in England is specific, much more straightforward than Malaysia's, and thus provides several defenses. Furthermore, it is contended that the Sentencing Council Guidelines established by the Coroners and Justice Act 2009, an independent body for England and Wales promotes greater consistency in sentencing. Therefore, this research is exceptionally significant and timely about the areas that Malaysia could learn from English law.