Report of the Committee of Inquiry into the Various Aspects of the Problem of Abortion in New ZealandNew Zealand. Committee of Inquiry into various aspects of the Problem of Abortion in New Zealand
Philosophy
Report of the Committee of Inquiry into the Various Aspects of the Problem of Abortion in New Zealand
New Zealand. Committee of Inquiry into various aspects of the Problem of Abortion in New Zealand
Abortion -- New Zealand
"222. Every woman or girl is liable to seven years' imprisonment
with hard labour who, whether with child or not, unlawfully
administers to herself, or permits to be administered to her, any
poison or other noxious thing, or unlawfully uses on herself, or
permits to be used on her, any instrument or other means whatsoever
with intent to procure miscarriage."
This section re-enacts s. 202 of the Criminal Code Act, 1893.
"_Supplying the Means of Procuring Abortion._
"223. (1) Every one is liable to three years' imprisonment with
hard labour who unlawfully supplies or procures any poison or other
noxious thing, or any instrument or thing whatsoever, knowing that
the same is intended to be unlawfully used or employed with intent
to procure the miscarriage of any woman or girl, whether with child
or not.
"(2) Every one who commits this offence after a previous conviction
for a like offence is liable to imprisonment with hard labour for
life."
This section re-enacts s. 203 of the Criminal Code Act, 1893. In _R._
v. _Thompson_ [1911] 30 N.Z.L.R. 690, a person was convicted of an
attempt (s. 93. p. 209, _ante_) to procure a noxious thing although the
thing actually procured was innoxious.
"Knowing" has the meaning of "believing," and a person supplying "a
noxious thing" is guilty even when the person supplied, who states that
he required it for procuring abortion, had no intention of using it and
did not use it for that purpose (_R._ v. _Nosworthy_ [1907] 36 N.Z.L.R.
536).
If the evidence shows that prisoner intended the instrument to be used
for the purpose stated, it is sufficient without evidence of intention
on the part of the woman to use it or allow it to be used (_R._ v.
_Scully_ [1903] 23 N.Z.L.R. 380).
The word "thing" where secondly used in this section includes only
things _ejusdem generis_ with instrument and capable of being used to
produce miscarriage (_R._ v. _Austin_ [1905] 24 N.Z.L.R. 893).
_Therapeutic Abortion._--In New Zealand, as in Great Britain and other
countries, the medical profession has always held that when the
mother's life is seriously endangered by a continuation of the
pregnancy the termination of the pregnancy is justifiable and right.
This the law allows, not specifically but by inference.
It is probably a correct statement of the position to say that, with
advances in medical knowledge and thought, even the most conservative
medical opinion, apart from that which is influenced by certain
religious views, holds that the indications for the termination of
pregnancy have been extended somewhat to include not only cases in
which the mother's life is immediately jeopardized, but also certain
cases in which her life is more remotely endangered.
This view is supported by the social thought of to-day.
This is not to say that the occasions for this operation are frequent;
they are, indeed, infrequent.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account