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... In his address to the jury , Macnaghten J held that an abortion would not be unlawful, within the terms of section 58 of the [Offences Against the Person Act‘ 1861, if the operation were performed for the purpose of preserving the pregnant woman’s life (Children by choice).
The judicial reform of the Australian law regulating abortion began in 1969. ... ’ This law was extended in the case R v Goldrick by introducing other factors such as the woman’s social, and economic situation as reasonable grounds for the legality of an abortion. ...
Australia’s states are divided between jurisdictions where the criminal law is contained in a Criminal Code (Queensland, Western Australia, Tasmania and the Northern Territory) and those where it is not (Victoria, New South Wales, South Australia and the Australian Capital Territory). In the non-Code jurisdictions, the criminal law is determined by common law rules and also by statutes, which restate or modify those rules. ... The Queensland Criminal Code Act 1899 states that any person who attempts to procure the miscarriage of a woman is liable to imprisonment for 14 years (section 224); and that a person is not criminally responsible for performing in good faith a surgical operation upon any person for their benefit, or upon the unborn child for the preservation of the mother’s life (section 282). ... Residing judge, McGuire J ruled that ‘life’ extended to the quality of life and the mother’s health. ... In 1997 an amendment was formed that makes it a felony, punishable by life imprisonment to unlawfully assault a pregnant woman and destroy the life of the unborn baby. ...
There are numerous arguments as to when the fertilised egg actually becomes human life. Abortionists believe that the foetus has ‘potential human life’, whilst some consider the human ovum is already alive when it enters the fallopian tubes. ... The foetus is not considered a part of the mother’s body however it cannot survive without the body of the woman for its life support. ... One might wonder about the rights of the father to have a say in the fate of the foetus, and especially the child’s right to life.
Approximate Word count = 1696
Approximate Pages = 6.8
(250 words per page double spaced)
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