I think this is an incredibly sensitive and tragic topic.
I think in this case the law has been correctly archaic but even the name of the offense 'destruction of a child' to my mind is archaic.
A foetus obviously has a continuous spectrum of development and the point at which the foetus has the right of life i.e. abortion becomes illegal is a matter of contentious debate.
When does a foetus become human? It could be argued that an embryo has rights in that in time it will become a human being and therefore should not be destroyed. In the UK this argument is very much a minority one However the threshold point for abortion it could be argued has to take into account neuroscience to assess whether the foetus has sentience as well as the public morality about the exact point a foetus is developed enough to be a human in the sense they have full right to life to an extent
There will never be an absolute answer to these questions
What I would say despite the elements of obvious criminality in this case a fundamental point is that a woman has been imprisoned for an abortion. What signal does that send to women about the morality of the act of abortion itself? An isolated and tragic case such as this will be used as an argument for those to those that are pro life to show that courts agree with the moral wrong of terminating a pregnancy and extrapolate that argument to earlier gestation periods . Is termination of any age foetus ' destruction of a child'
I think a custodial sentence wasnt required as it was not in the public interest however a suspended sentence coupled with counselling and enforced involvement of social services may have been more appropriate.