R v Bourne

Facts

A surgeon ended the pregnancy of a girl of fourteen who had been raped. He believed that continuing the pregnancy would leave her a physical or mental wreck. He was charged under section 58 of the Offences against the Person Act 1861.

Issue

Was the use of an instrument unlawful if it was done to preserve the mother's life?

Held

Macnaghten J directed that it was not unlawful if done in good faith for the purpose of preserving the mother's life. Life, for this purpose, includes saving her from becoming a physical or mental wreck. The surgeon was acquitted.

Principle

Section 58 bites on an unlawful procuring of miscarriage. An operation in good faith to preserve the mother's life is not unlawful.

Why it matters

It is not the Abortion Act 1967, and that Act is not law in Sierra Leone.

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