ABSTRACT
It is a common law principle in England and Wales that a crime can only be committed against a living person. Therefore the fetus cannot be the victim of murder or other common law crimes. The Court of Appeal held that, depending on intent, murder or manslaughter is the appropriate charge following the deliberate unlawful injury of the fetus born alive and dying as a result of those injuries. A number of recent medical and family law decisions have raised concern for maternal autonomy. In these cases medical intervention is imposed on the woman ostensibly because she has lost the capacity to consent, but arguably to protect the fetus. In English law, the competent patient must consent to any treatment proposed by the physician before treatment can lawfully commence. A woman refusing to undergo a Caesarean section operation in order to save the fetus is a relatively rare occurrence.
