Abortion

Question 1

what are the sections used in the choice of termination of pregnancy act

Answer 1

s10(1)(a) and (b) read with s2(1)(a) (b) and (c)

Question 2

what are the elements of Abortion

Answer 2

Termination of pregnacy
termination not by a medical practitioner/registered midwife or nurse who not completed prescribed training
unlawfulness
fault

Question 3

discuss the termination of pregnancy element

Answer 3

s 1 medical or surgical separation and expulsion of contents of the pregnant uterus

Question 4

discuss the termination of not by a dr/midwife/nurse element

Answer 4

must be performed by a persons mentioned in the Act
anyone other than that commits an offence

Question 5

discuss the unlawfulness element

Answer 5

can only be performed lawfully as stipulated by s2 of act

Question 6

describe what may be requested from 0-12 weeks of pregnancy

Answer 6

request of mother (informed consent req)

Question 7

in week 13-20 what may be requested during pregnancy

Answer 7

may only terminate after dr consultation with mom for therapeutic, eugenic or humanitarian grounds

Question 8

20+ weeks of pregnancy

Answer 8

may be terminated only after consultation because moms life would be in danger or there would be severe malformation of foetus (informed consent)

Question 9

what is the defence for unlawfulness

Answer 9

necessity i.e. to save a mothers life (dr/midwife/nurse)

Question 10

list the requirements for the fault element

Answer 10

intention to perform abortion unlawfully
dolus req:
accused must know/foresee that woman is pregnant and intended to bring about termination
accused must know or foresee that termination is unlawful