Dr Felicity Gerry QC writes for Legalwise Australia on why there is an urgent need to revise prosecutorial guidance on women suspected of endangering, harming, or causing the death of their infants, particularly now that research is available to develop such a policy that will focus minds on opportunities to be merciful. Referring to her recent case of DPP v Deakin [2021] VSC 719, Felicity suggests that to ensure justice for women, it is vital to examine the typology of such cases, and work to comprehend why a woman might endanger or harm her child and to what extent this may involve any criminal responsibility at all.
