Infanticide and Diminished Responsibility–Reviewing the Relationship

The relationship between infanticide and the original diminished responsibility plea was examined in depth by the Law Commission in its work on murder, manslaughter and infanticide. As part of its work, that relationship was investigated in my empirical study commissioned by the Law Commission. The Law Commission concluded that , while infanticide should be left unaltered, diminished responsibility should be the subject of reform. In further exploring that relationship this chapter will consider whether and how infanticide may have been impacted by the changes to the diminished responsibility plea which have resulted in a new plea which is markedly different from its earlier counterpart. In doing so , the chapter will discuss recent cases where both infanticide and the new diminished responsibility plea have been pleaded together as a defence strategy. It will be argued that doing so presents a jury with a complex and difficult task when attempting to reach a verdict. The chapter’s conclusion will suggest a possible solution to assist juries in trials of this type.