## Facts

- The defendant stabbed his pregnant girlfriend, who was 22–24 weeks pregnant, in the face, abdomen, and back.
- Seventeen days later, she went into premature labour and gave birth to a live baby.
- The baby died 121 days after birth from complications related to the premature delivery caused by the stabbing.
- The defendant was convicted of wounding and grievous bodily harm against the mother and sentenced to four years' imprisonment.
- After the baby's death, the defendant was charged with murder and manslaughter.
- The trial judge ruled that because the foetus was not a legal person at the time of the attack, the mens rea directed at the mother could not be transferred to the foetus, precluding convictions for murder or manslaughter.
- The Attorney General referred questions to a higher court on liability for murder or manslaughter where injury to a pregnant woman or foetus results in the death of a child born alive.
- The Court of Appeal set aside the judge's murder ruling; the defendant appealed to the House of Lords.

## Issues

1. Whether murder or manslaughter can be committed where unlawful injury is inflicted:
   - (i) to a child in utero;
   - (ii) to a pregnant woman;
     and the child is subsequently born alive, survives, and then dies as a result of injuries received in utero.

2. Whether liability for murder or manslaughter is precluded if the death results solely from injury to the mother rather than direct injury to the foetus.

## Decision

- The House of Lords agreed with the trial judge that the defendant could not be convicted of murder.
- The court ruled that the defendant's actions could amount to constructive manslaughter.
- It held that legal classification of the foetus as a human being is not necessary for manslaughter, if causation between the unlawful act and death of the child after birth is established.
- The death of the child born alive was caused by the attack on the mother.
- For constructive manslaughter, the unlawful act does not have to be directed at the eventual victim or a legal person at the time of the act.

## Legal Principles

- Mens rea for murder cannot transfer to a foetus, as it is not a legal person when injured.
- Constructive manslaughter arises from an unlawful and dangerous act causing death, regardless of whether that act was directed at the person who ultimately dies or whether that person was legally recognized at the time of injury, provided causation is established.
- The unlawful act need not be aimed specifically at the person who dies.

## Conclusion

The House of Lords held that a conviction for murder was not possible, but constructive manslaughter was available where an unlawful act against a pregnant woman led to the death of a child born alive, based on established causation.


Attorney-General's Reference (No 3 of 1994) [1997] 3 All ER 936