For the purposes of s 33 of the Crimes Act 1900 (NSW), a foetus is to be regarded as part of the mother. The death of a foetus caused by an assault on the mother is capable of constituting grievous bodily harm to the mother. The physical connection between mother and foetus is determinative for offences of assault and aggravated assault. The question whether the same approach applies to the Australian law of homicide was expressly left open.
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