Attorney-General’s Reference No 3 [1994] Preview
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Attorney-General’s Reference No 3 [1994]
Attorney-General’s Reference No 3 [1994]

The defendant stabbed his girlfriend in the stomach, whilst she was pregnant. The girl recovered however the wound had caused her baby to be born prematurely. As a result of this the baby died at only four months old as a result of the premature birth. At first instance the Defendant was charged with murder of the baby, however the judge ordered an acquittal on the grounds a foetus is not a human, therefore transferred malice cannot apply.

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