Perinatal death as a consequence of fetal stabbing: was it murder?

At 22 weeks gestation, a fetus received a stab wound to the abdomen when the mother was subjected to a knife attack. Premature labour followed 2.5 weeks later. The baby received full intensive care, but died at 4.5 months of age from complications directly related to the premature birth. The person who committed the assault was indicted with murder of the infant according to the precept of transferred malice. In the absence of any clear legal precedent, the judge ruled that the indictment was not consistent with the principles of criminal law, since the malice directed towards the mother could not be regarded as being transferred to the fetus. This was because the wounding of a non-viable fetus with death following 4 months later did not amount to a deliberate killing, and in addition, it was not the intention of the Defendant at the time of the stabbing to kill the infant.