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Abortion charge
Abortion charge
Written by
Bill Doogue
Criminal Defence Lawyer
What the Law states - Abortion
Crimes Act 1958 - SECT 65
Abortion performed by unqualified person65. Abortion performed by unqualified person
(1) A person who is not a qualified person must not perform an abortion on another person.
Penalty: Level 5 imprisonment (10 years maximum).
(2) A woman who consents to, or assists in, the performance of an abortion on herself is not guilty of an offence against this section.
(3) For the purposes of this section-
(a) a registered medical practitioner is a qualified person; and
(b) a registered pharmacist or registered nurse is a qualified person only for the purpose of performing an abortion by administering or supplying a drug or drugs in accordance with the
Abortion Law Reform Act 2008.
(4) In this section-
abortion has the same meaning as in the Abortion Law Reform Act 2008; perform an abortion includes supply or procure the supply of any drug or other substance knowing that it is intended to be used to cause an abortion; registered medical practitioner means a medical practitioner registered under
the Health Professions Registration Act 2005; registered nurse means a nurse registered under the Health Professions Registration Act 2005; registered pharmacist means a pharmacist registered under the Health Professions Registration Act 2005; woman means a female person of any age.
Maximum Penalty in Victoria
25 years
What the Prosecution must prove - Abortion - Vic
(a) The accused was at the relevant time pregnant and either administered to herself a poison or other noxious thing or unlawfully used an instrument or other means upon herself with the intent to procure her own miscarriage.
(b) Alternatively, the accused administered to a woman a poison or other noxious thing, caused a woman to take a poison or other noxious thing, or unlawfully used an instrument or other means upon a woman with the intent to procure her miscarriage. In these circumstances, it is not necessary to prove that the woman was pregnant.
Possible Defences - Abortion
(a) Duress.
(b) Factual dispute.
(c) Honest and reasonable mistake of belief.
(d) Identification dispute.
(e) Lack of intent.
(f) Mental impairment.
(g) Necessity.
Which court will hear the charge of Abortion
County Court.
