England and Wales[edit]
Statute[edit]
In England and Wales, the offence is created by section 1(1) of the Infant Life (Preservation) Act 1929:
Australia[edit]
Each state and territory of Australia has a separate criminal code. The offence is called "killing unborn child" and can be committed only around the time of childbirth[27] in Queensland,[28] Western Australia,[29] and the Northern Territory.[30] It is called "causing death of child before birth" in Tasmania.[31] In South Australia, it comes under the heading of "abortion".[32] The definition is somewhat broader in the Australian Capital Territory,[27][33] and comparably broad to English law in Tasmania[31] and South Australia.[32][27] The offence was abolished in Victoria by the Abortion Law Reform Act 2008 (Victoria).[34][35]
New South Wales does not have a child destruction enactment,[27] but the Crimes Amendment (Grievous Bodily Harm) Act 2005 (NSW) amended the Crimes Act 1900 (NSW) so that
s 4(1)(a) now defines "grievous bodily harm" as including "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".[36]
Hong Kong[edit]
Child destruction is defined in section 47B of the Offences against the Person Ordinance.[37] A person guilty of child destruction is liable to be punished as though he was guilty of manslaughter.[38] This means that he is liable to imprisonment for life and to pay such fine as the court may award.[39]