Have you been charged with the offence of Abortion Performed by Unqualified Person?
The circumstances surrounding the abortion are crucial. If the defendant believes on reasonable grounds that what was done was necessary to prevent serious danger in addition to those dangers found in childbirth, the defendant may be able to mount a valid defence.
This is one of the things that need to be discussed with an experienced criminal lawyer prior to telling the Court how you intend to plead.
Please read below for more information in relation to this charge.
The offence
Section 65 of the Crimes Act 1958.
The prosecution must prove:
The defendant was at the relevant time pregnant;
The defendant either:
- Administered to herself a poison or other noxious thing; or
- Unlawfully used an instrument or other means upon herself
The defendant did this with intent to procure her own miscarriage.
Alternatively,
The defendant:
- 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
The defendant did so with the intent to procure her miscarriage.
The maximum penalty
Level 5 imprisonment being a maximum of 10 years.
Where will my case be heard?
Abortion Performed by Unqualified Person cases will usually only be heard in the Magistrates’ Court of Victoria depending on the seriousness.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
See an experienced criminal lawyer urgently. Ensure you allow plenty of time, as adequate preparation in relation to any matter is vital. Don’t leave it to the last minute.
If you have been charged with Abortion Performed by Unqualified Person talk to one of our experienced lawyers today.
The legislation
Section 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 person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
“registered nurse” means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse or as a midwife (other than as a student);
“registered pharmacist” means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);
“woman” means a female person of any age.
