Criminal Law Code as at 1st March 2007 at a time when the balance of her mind is disturbed as a result of giving birth to the child, shall be guilty of infanticide and liable to imprisonment for a period not exceeding five years. (2) Where a woman is charged with the murder of her child committed within six months of the child’s birth and it is proved that she caused the child’s death at a time when the balance of her mind was disturbed as a result of giving birth to the child, she shall not be found guilty of murder but may be found guilty of infanticide if the evidence establishes that she committed that crime. (3) For the purposes of this section, in determining whether or not the balance of a woman’s mind was disturbed as a result of giving birth to a child, regard shall be taken to any pressure or stress from which she suffered arising out of any one or more of the following circumstances or considerations⎯ (a) the effects which the birth had, or which she believed it would have, on her social, financial or marital situation; (b) the difficulties which were created, or which she believed would be created, in caring for the child in the social, financial or marital situation in which the child was born; (c) the difficulties which she had, or which she believed she would have, in caring for the child due to her inexperience or incapacity; (d) any other relevant circumstance or consideration, whether based on the psychological effects on the woman's mind arising from the birth itself, or otherwise. (4) For the avoidance of doubt it is declared that nothing in this section precludes⎯ (a) a woman from being charged with the murder of her child and, subject to subsection (2), from being convicted of and punished for that crime; or (b) a court from returning a special verdict in terms of section 29 of the Mental Health Act [Chapter 15:12] (No. 15 of 1996) in respect of a woman charged with causing the death of her child. 49 Culpable homicide Any person who causes the death of another person⎯ (a) negligently failing to realise that death may result from his or her conduct; or (b) realising that death may result from his or her conduct and negligently failing to guard against that possibility; shall be guilty of culpable homicide and liable to imprisonment for life or any shorter period or a fine up to or exceeding level fourteen or both. 50 Inciting or assisting suicide Any person who incites, induces, aids, counsels, procures or provides the means for the suicide or attempted suicide of another person, knowing that the other person intends to commit suicide or realising that there is a real risk or possibility that the other person may commit suicide, shall be guilty of inciting or assisting suicide and liable to a fine up to or exceeding level fourteen, or imprisonment for life or any shorter period, or both such fine and such imprisonment. - 39 -