recent change to the law focussing on Byron's law and the rights of unborn children

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When does a foetus become a person? Is it at the moment of conception? Or is it at birth? And at what stage does the killing of a foetus become murder?

        The ‘death’ of young Byron Shields, a seven month old foetus in a road rage accident in 2001 was the catalyst for immense controversy over the lack of legislation protecting unborn children, particularly from incidents where the death occurred either intentionally, or at the very least, because the assailant has acted recklessly.

        However, it was not until 2005 that the legislative gears of NSW parliament moved towards protecting the rights of unborn children.

        The Crimes Amendment (Grievous Bodily Harm) Act 2005 was passed in order to better protect women and their unborn children, particularly since several high profile cases had hit the media in recent times. These cases include Crown v. King, in which a man punched and kicked his de facto partner in the stomach and stomped on her; and Crown v. Leppiat, where John Henry Leppiat kicked his partner in the stomach. When asked why, he replied “I don’t know, I just hoped the baby would die”. Of course, there is also the case of Crown v. Harrigan, in which a case of road rage led to the death of a 7 month old unborn child- the forerunner to this legislation.

        The new Act stipulates that offences under the Crimes Act of 1900 were amended so that the infliction of grievous bodily harm also extends to the destruction of a foetus in any manner apart from abortion.

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        There are many ways in which the new legislation reflects the changing nature of society.

        When the Crimes Act was passed in 1900, the view of the world was very different to what it is today. One of the key differences was the position of women within the patriarchal boundaries of the legal system. As women’s rights became more and more of an issue (particularly through the feminist movement of the 60’s and 70’s), and in order to better support the United Nations Declaration on the Elimination of Violence Against Women made in 1993, this new legislation was seen as important ...

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