Principles

·  CRIMINAL LAW— Negligent homicide — Penal Code. s. 256 — Mother’s failure to tie umbilical cord.

·  CRIMINAL LAW — Murder — Punishment — Penal Code, S. 253 — Sentence by Major Court must be either death or life imprisonment.

Accused gave birth to an illegitimate child. In delivering the child by herself she failed to tie the umbilical cord of the child; the consequent bleeding caused the death of the child. There was no evidence of intent to kill. The Major Court convicted the mother of murder under Penal Code, s. 251 and sentenced her to imprisonment for one year.
Held: (I) Although the accused was, not a midwife who would have known that failure to tie the umbilical cord would kill a child, her failure to take this elementary precaution constitutes lack of reasonable care under the circumstances, and she is guilty of negligent homicide under Penal Code, s. 256.
(ii) When a Court convicts an accused of murder, it must pass either the death sentence or imprisonment for life; only the Confirming Authority may further reduce the sentence.

Judgment

M. A. Abu Rannat, C.J., March 12, 1963:- The Accused gave birth to an illegitimate child. She did not obtain the assistance of a midwife or a medical practitioner as she was afraid of her relatives and shame to the family. She therefore did the delivery of the child by herself. She did not tie the cord, and therefore there was bleeding which led to the death of the child. She said that after her delivery, the child was alive, and then she noticed that he ceased to breathe and therefore she covered him with a sack and put him in a basket.

The point in issue is whether she knew that death of the child was probable or only likely. The Court found it probable on the ground that

(1) she did not tie the cord and (2) also did not call a midwife for operating on her.

On the facts of the case, I do not think that she knew that the death was probable or even likely. This is a case of causing death by negligence. The accused was no doubt in a terrible state of mind when she gate delivery to the child, and she was not a professional midwife who knew’ that failure to tie the cord would lead to death of a newly born child. Furthermore, the doctor said that the accused neither throttled nor cause any external injury to the child, a fact which shows that she had no intention of killing him. I therefore alter the finding to one under Penal Code, s. 256. I confirm the sentence of one year after alteration of the finding.

I notice that the Court found the accused guilty of murder, yet sentenced her to imprisonment for one year. The Court has no power to pass such a sentence. The Court must pass either the death sentence or imprisonment for life. It is for the Confirming Authority to reduce the sentence for certain reasons.

The attention of the President of the Court should be drawn to this and he must read this note.