Man facing eight charges in stabbing of pregnant woman
MONTREAL A Montreal man was charged Tuesday with the first-degree murder of a newborn as well as seven other counts, including attempted murder in the stabbing of the pregnant mother.
Sofiane Ghazi, 37, allegedly stabbed his eight-month pregnant partner early Monday in a residence.
The woman was still recovering Tuesday, but the baby died in hospital shortly after being delivered by emergency C-section following the attack.
Prosecutor Anne Aube says a person can be charged with homicide by causing injury to a child before or during its birth if death occurs once it is born.
In laying a homicide charge, prosecutors were guided by Sec. 223 of the Criminal Code which outlines when a baby is considered a human being.
“There are different criteria to (being considered) a human being, but essentially it’s to be alive,” Aube told reporters.
According to the code, a child is considered a human being regardless of whether it has breathed, has independent circulation or whether the umbilical cord has been cut.
Aube says the Crown consulted jurisprudence — none exactly similar to the case currently before the courts — before proceeding with the charge.
“I think its very rare, it’s not often that this situation happens,” Aube said.
Ghazi also faces charges of vehicle theft, uttering threats, armed robbery and three of breaking his conditions.
According to court documents from a conjugal violence case in June, Ghazi was forbidden from being at the apartment and from seeing his partner without her consent.