Breadcrumbs Section. Click here to navigate to respective pages.
Chapter
Chapter
The defence put forward was that, in the circumstances of the case, the operation was not unlawful. The defendant was called as witness on his own behalf and stated that, after he had made careful examination of the girl and had informed himself of all the relevant facts of the case, he had come to the conclusion that it was his duty to perform the operation. In his opinion the continuance of the pregnancy would probably cause serious injury to the girl, injury so serious as to justify the removal of the pregnancy at a time when the operation could be performed without any risk to the girl and under favourable conditions.
DOI link for The defence put forward was that, in the circumstances of the case, the operation was not unlawful. The defendant was called as witness on his own behalf and stated that, after he had made careful examination of the girl and had informed himself of all the relevant facts of the case, he had come to the conclusion that it was his duty to perform the operation. In his opinion the continuance of the pregnancy would probably cause serious injury to the girl, injury so serious as to justify the removal of the pregnancy at a time when the operation could be performed without any risk to the girl and under favourable conditions.
The defence put forward was that, in the circumstances of the case, the operation was not unlawful. The defendant was called as witness on his own behalf and stated that, after he had made careful examination of the girl and had informed himself of all the relevant facts of the case, he had come to the conclusion that it was his duty to perform the operation. In his opinion the continuance of the pregnancy would probably cause serious injury to the girl, injury so serious as to justify the removal of the pregnancy at a time when the operation could be performed without any risk to the girl and under favourable conditions.
ABSTRACT
Macnaghten J: ... The charge against Mr Bourne is made under s 58 of the Offences Against the Person Act 1861, that he unlawfully procured the miscarriage of the girl who was the first witness in the case ...