R v King [2003] NSWCCA 399

Facts: The defendant (D) requested the victim (V) to have an abortion. When she refused, he kicked her in the stomach and stomped on her. The foetus died and was delivered stillborn 3 days later. D was charged with the intentional infliction of grievous bodily harm (GBH).

Held: The infliction of harm to a foetus would not constitute an offence against the foetus unless it was born alive. Therefore, the central issue was whether the death of the foetus was sufficient to constitute GBH to the mother. It was held that the foetus is part of the mother and that injury to the foetus would constitute injury to the mother.