Ashworth J gave a direction at trial: ‘The law about the use of instruments to procure miscarriage is this: such use of an instrument is unlawful unless the use is made in good faith for the purpose of preserving the life or health of the woman. When I say health I mean not only her physical health but also her mental. But although I have said that ‘it is unlawful unless’ I must emphasise and add that a burden of proving that it was not used in good faith is on the Crown.’
Judges:
Ashworth J
Citations:
[1958] Crim LR 469
Cited by:
Cited – Greater Glasgow Health Board v Doogan and Another SC 17-Dec-2014
Roman Catholic Midwives, working as Labour Ward Co-ordinators had objected to being involved in an administrative capacity in abortions being conducted by the appellants. The Outer House had said they were not entitled to opt out, but the Inner . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 04 May 2022; Ref: scu.541520