quote:
Originally posted by pookie:
[b]In the event the Crown is unable to prove the particular levels of fault outlined in (a) or (b), but the fetus is killed as a result of an assault on the mother, the accused can still be found guilty of fetal homicide.[/b]
Just to expand on this, if the accused didn't mean to cause death to the fetus or injury to the fetus or the woman, [i]and[/i] did not show wanton or reckless disregard for the life or safety of the fetus, then neither (a) nor (b) would apply. Paragraph (c) would apply.
Note that under paragraph (c) the penalty is up to 10 years if the trial proceeds by [i]indictment[/i] but only up to 18 months if the trial proceeds [i]summarily[/i]. These are technical procedural differences that don't matter for the present purposes. The only thing to note is that the choice is up to the Crown whether to proceed by indictment or summary conviction.