MK Law

Abortion Performed by Unqualified Person

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Have you been charged with the offence of Abortion Performed by Unqualified Person?

The offence of Abortion Performed by Unqualified Person is outlined in Section 65 of the Crimes Act 1958. This charge applies when a person, not legally qualified, administers or uses an instrument or means to induce a miscarriage, either on themselves or another woman, with the intent to procure abortion.

What must the prosecution prove:

  1.   You were pregnant at the relevant time.
  • You either:
    • Administered to yourself a poison or other noxious thing; or
    • Unlawfully used an instrument or other means upon herself with the intent to procure your own miscarriage.
  • Alternatively, the you:
    • 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, with the intent to procure her miscarriage.

Penalties for abortions performed by unqualified persons:

This is a serious charge which carries a Level 5 imprisonment with a maximum penalty of 10 years.

Where the Case Will Be Heard:

Cases related to abortion performed by unqualified person are heard in the Magistrates’ Court of Victoria, depending on the seriousness of the case.

Factors and defences to consider:

A possible defence is if you believed, on reasonable grounds, that the actions taken were necessary to prevent serious danger to your own life or the life of another woman, beyond the dangers associated with childbirth.

This is a serious charge that demands expert legal representation. Engaging a skilled criminal defence lawyer is crucial, as they can tailor a defence strategy specific to your circumstances.

Given the complexities and potential consequences associated with the offence of Abortion Performed by Unqualified Person, it is imperative not to delay in seeking professional legal assistance. Early intervention can significantly impact the outcome of your case, ensuring that your rights are protected and that you receive the best possible guidance throughout the legal process.

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  • Child in the Production of Child Abuse Material
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  • Abortion Performed by Unqualified Person
  • Concealing the Birth of a Child

What happens next?

If you are facing charges related to Abortion Performed by Unqualified Person, it is essential to consult with an experienced criminal lawyer as soon as possible. Adequate preparation is crucial in addressing the charges against you.

Your lawyer can help you:

  • Assess the strength of the prosecution’s case.
  • Explore possible defences and strategies.
  • Prepare for court proceedings effectively.

Don’t delay in seeking legal assistance on 1800 130 120, as the outcome of your case can significantly depend on timely and thorough legal support. Make an appointment with a qualified lawyer at MK Law to discuss your situation and explore your options.

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