Key Facts
- •Carla Foster pleaded guilty to administering poison with intent to procure her own miscarriage (s.58 Offences Against the Person Act 1861).
- •She was initially sentenced to 28 months' imprisonment.
- •The baby, Lily, was born stillborn at 32-34 weeks' gestation.
- •Foster lied to BPAS about her pregnancy stage to obtain abortion pills.
- •There was a significant delay between the offence and the charge.
- •Foster had three children, one with autism, and was their primary carer.
- •Expert psychiatric reports indicated emotionally unstable personality traits.
- •The sentencing judge considered R v Catt [2013] EWCA Crim 1187 as guidance.
Legal Principles
Section 58 of the Offences Against the Person Act 1861: Administering drugs or using instruments to procure abortion.
Offences Against the Person Act 1861, s.58
Infant Life (Preservation) Act 1929, s.1(1): Child destruction.
Infant Life (Preservation) Act 1929
Abortion Act 1967: Legalises abortion under certain circumstances.
Abortion Act 1967
Sentencing Council’s General guideline: overarching principles. Considers statutory maximum sentence, Court of Appeal judgments, and analogous offences when specific guidelines are absent.
Sentencing Council’s General guideline: overarching principles
R v Catt [2013] EWCA Crim 1187: Provides guidance on sentencing for s.58 offences.
R v Catt [2013] EWCA Crim 1187
Sentencing Act 2020, s.385: Allows the Crown Court to reconsider a sentence within 56 days.
Sentencing Act 2020
Sentencing Act 2020, s.57(2): Outlines the five purposes of sentencing.
Sentencing Act 2020
R v Petherick [2012] EWCA Crim 2214 and Equal Treatment Bench Book: Guidance on sentencing considerations relating to family life, dependent children, and primary carers.
R v Petherick [2012] EWCA Crim 2214, Equal Treatment Bench Book
Article 8 of the European Convention on Human Rights: Right to family life.
European Convention on Human Rights
Outcomes
The 28-month prison sentence was quashed.
The original sentence was considered too high given the mitigating circumstances, including the delay in prosecution, Foster's mental health, and her role as a primary carer.
A 14-month sentence, suspended for 18 months, with a rehabilitation activity requirement was substituted.
This sentence was deemed proportionate, considering the seriousness of the offence and the strong mitigating factors. Immediate custody was deemed not to serve a useful purpose.