The State has to show evidence establishing the elements of the offense of killing an unborn child under section 312 of the Criminal Code of PNG.
The State alleged that Hadasha N’dranoh was about to deliver a child but there was no safe and reliable evidence before the court that the actions of the accused prevented the foetus or child from being born alive
The victim, Hadasha N’dranoh in giving evidence asserts she was pregnant, however the court found no substantial evidence to support the assertion.