The development of the English Infanticide Act 1938 and the resulting effect on Article 245 of the Maltese Criminal Code

Abstract

The crime of Infanticide is one which is gender specific as opposed to most other crimes encountered on a day to day basis. This may be attributable to the fact that the crime of infanticide is not one encountered regularly, due to the fact that it deals with a situation where a child under the age of 12 months is murdered by his or her mother who is plagued with a disturbed mind. The English Infanticide Act of 1938, an indispensible Act in relation to the crime of Infanticide, may be held to have a notable and lengthy legislative development. This shall be assessed primarily in relation to legislation developed prior to 1922, the Infanticide Act of 1922 and the Infanticide Act of 1938 itself. The application of this Act may be held to be extensive, with Malta being a former British colony drawing heavily on such act. The effects of the English Infanticide Act of 1938 may be held to be of great importance in relation to Article 245 of the Maltese Criminal Code. As shall be seen this is evidences in the identity of the constitutive elements necessary for the crime of infanticide to subsist in both Malta and England. A point of divergence and thus a point in relation to which the Infanticide Act of 1938 has no effect is the method of punishment prescribed under Maltese law.