Arrested For 'overlaying'?

[anotheoldgit]

http://www.dailymail.co.uk/news/article-2728656/Grandmother-55-arrested-suspicion-accidentally-suffocating-three-week-old-baby-falling-asleep-drunk.html

What a tragedy, this poor women will have to live with that for the rest of her life, yes I know it has been reported that she was drunk at the time, but arrested for causing the baby's death by overlaying, has anyone else heard of that?

/// His grandmother was arrested later at hospital on suspicion of causing the baby's death by overlaying. ///

/// Overlaying is the offence of suffocating a child aged under three while asleep with them when intoxicated. ///

[Sqad]

Kvali......I agree.......but when has absence of the "facts" on AB, pubs, clubs works etc, stopped wide discussion and opinions on such topics?

[Daffy6543]

Even if she hadn't touched a drop of alcohol there is no excuse for falling asleep on top of a 3 week old baby. This is the main reason I strongly disagree with babies sharing their parents' bed.
Before you fall asleep you should make sure the baby is in a safe place, basic parenting.

[agchristie]

In answer to the question no I have not heard of the term. I should imagine it is a very rare event but one which is extremely tragic. Im sure there will be more facts to emerge which would help to form a fuller judgment.

[Peter Pedant]

Smith and Hogan
Cross and Jones

overlaying is in the chapter on capital crimes
along with putting a swaddled child on the fire mistaking him for a log

and taking a child with small pox thro the streets - which I thought was R v Senior, but its not:
http://www.publications.parliament.uk/pa/ld199798/ldjudgmt/jd970724/gneral02.htm

[kvalidir]

All of us were co-slept Daffy, as are thousands of children worldwide, I think it's inappropriate to suggest it's sloppy parenting, it's an informed choice, and before anyone sites papers suggesting it's dangerous there are just as many suggesting it's beneficial but I think generalisations are unhelpful in a case like this.

[Daffy6543]

Good for you Kvalidir, I still disagree with it.

[woofgang]

I think that planned co sleeping is very different from being unabel to stay awake while caring for a chlld.

[pixie373]

It's made me go cold. A tragedy for the whole family. I can see that she may be punished as a deterrent to others- but can't see that anything now will make this family feel worse than they already do. I also slept with all mine (in a bed). But I didn't drink for about 15 years- only just relearning now.

[anotheoldgit]

How may times has one witness dads throwing their youngsters up in the air and catching them much to the giggles of their infants?

If one was to drop them, would it be any less of a criminal offence if they had not been drinking?

Or put another way would the police had arrested this grandmother if she had not have been drinking?

[sp1814]

AOG

I don't know of any story where a father has dropped his child whilst drunk and throwing the child in the air.

If that happened, and the child had fallen onto concrete and died, then I suspect that the parent could be charged with reckless endangerment.

But where it's proven to be a complete deal accident, then the parent is much less likely to be charged...eg. the recent sad story of the mother who ran over her child:

http://www.telegraph.co.uk/news/uknews/11032784/Young-girl-fatally-run-over-by-own-mother.html

[jennyjoan]

I do recall a friend of mine who was working and came home to find that her babysitter had indeed threw her baby son in the air and he landed too suddenly on a table. She/my friend rushed him to the hospital where he was fine, however, her and her husband were interviewed for a long time. That would be 37 years ago. The babysitter I am sure didn't mean it.

[woofgang]

yes, i think it would be less of a criminal offence if they had not been drinking, provided that there were't other factors indicating a lack of due care eg doing it stood on a diving board over an empty swimming pool...that's a but excessive but you get the idea.
I think the prosecution here (assuming the babysitter was tanked or otherwise in a state not fit to care for a child) would for what they did and not necessarily the outcome, like being drunk in charge of a vehicle, you don't have to kill somebody to be guilty.

[EDDIE51]

Some information on the law here, you have to scroll down to the last paragraph to get anything about being drunk in a private house while in charge of a child under 7.
http://thinkypedia.com/question/65418/
From what I have seen so far it is only an offence if the child is under 7, over that you can be as *** as a parrot but it does not seem to be specific offence .Could still be neglect though.