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Volume 45 - Issue 3 - November 1986

Contents

Page 1 of 3

Case and Comment

Articles

  • Pre-Natal Injury, Homicide And The Draft Criminal Code

  • Jennifer Temkin
  • Published online by Cambridge University Press:
    16 January 2009, pp. 414-429

  • If a baby is born alive only to die some time afterwards from pre-natal injury, for what crime is the perpetrator liable? Coke considered that if the injury was caused after quickening by an attempted abortion or by a violent assault upon a pregnant woman, the answer to this question was murder, even if the defendant did not intend or foresee death or serious injury to a fully-born child. The purpose of this article is to evaluate Coke's rule together with the authority in support of it and to consider whether, if it still exists today, it ought to be incorporated in the proposed Criminal Code.

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