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Abortion

Murder / Manslaughter Offences – VIC

Welcome to the VIC Abortion article page. Everything you need to know about Abortion according to VIC law.

What the Law States according to VIC Law for Abortion

According to VIC Law for the charge of Abortion,

Crimes Act 1958 – SECT 65
Abortion performed by unqualified person

65. 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.

The Maximum Penalty – Abortion

According to VIC Law for the charge of Abortion, 25 years.

What the Police must prove according to VIC Law for Abortion

(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 under VIC Law – 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

In VIC which court will hear the matter – Abortion

County Court

 

Date: 09/01/2009

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