The Campbell Review and Zoe's Law in NSW
Thursday 13 February 2014 @ 1.47 p.m. | Crime
With the Crimes Amendment (Zoe's Law) Bill 2013 (No. 2) in NSW set down as an order of the day for the first sitting day of 2014, which is 25 February 2014, concern has again been raised over whether the bill addresses the concerns of women over proposed amendments to criminal incidents involving the death of an unborn child.
Background to the Bill
As noted in previous posts, the Bill was introduced into Parliament by State Liberal Chris Spence and has become known as Zoe's law after the stillborn child of NSW mother Brodie Donegan, who was struck by a car in 2009, suffering injuries that resulted in the loss of her 32-week-old foetus and the driver of the vehicle not being charged with Zoe's death because the law does not recognise the stillborn child as a person. The Bill would amend the Crimes Act 1900 NSW to provide that a separate offence exists for conduct causing serious harm to or the destruction of a child in utero but excluding medical procedures or conduct engaged in with the consent of the mother.
The Campbell Review
The Women Lawyers Association of NSW has noted with concern in their press release that The very issues being considered by the Legislative Assembly were considered as part of the comprehensive and specialist Campbell Review, an inquiry commissioned on 24 May 2010.
In the terms of reference for the review, subsequent to the recommendation of the introduction of a new offence, R v King established that an injury causing the destruction of a foetus could constitute the infliction of grievous bodily harm upon the mother. Having regard to that decision a new offence was not introduced but King codified by Parliament by amending the definition of grievous bodily harm in the Crimes Act to include “the destruction (other than in the course of a medical procedure) of the foetus of a pregnant woman, whether or not the woman suffers any other harm”.
The Report considers whether current offences involving the extended definition respond appropriately to criminal acts involving the death of an unborn child. Other offences that might be substituted or added include manslaughter, killing an unborn child or a graduated series of offences with much in common to manslaughter and an extension to the definition of grievous bodily harm.
Finally, the report concluded that current offences do allow the justice system to respond appropriately and no changes are recommended.
It will be interesting to see what conclusion the Legislative Council will reach after the debate continuing on 25 February 2014.
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