The Court considered the legal meaning of the phrase "her mind is then disturbed" in the infanticide provision of the Criminal Code.
It held that the phrase carries its ordinary meaning, does not require proof of a defined mental disorder, and sets a broad, flexible standard tied to childbirth or lactation effects at the time of the act.
Applying that standard, the Court found no reversible legal error in the trial judge's approach and upheld the infanticide verdicts and acquittals on murder counts.
The Crown's appeal was dismissed.