Section 1(2) of the Infanticide Act 1938 creates a partial defence which reduces murder to the offence of infanticide under section 1(1) of that Act.
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A person who, at the time he or she committed murder, was 18 years of age or older, will receive a life sentence, with a minimum non-parole period of 15 years (under the 2003 Criminal Justice Act), unless at least 1 aggravating factor, as defined in the Criminal Justice Act that would warrant a longer non-parole period to be handed down.