R v Bourne

JurisdictionEngland & Wales
Date1938
CourtCourt of Criminal Appeal
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47 cases
  • R. v. Morgentaler, (1988) 26 O.A.C. 1 (SCC)
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • 28 January 1988
    ...where a child capable of being born alive was caused to die except in good faith to preserve the life of the mother. In R. v. Bourne, [1939] 1 K.B. 687, the prohibition against abortion both at common law and by statute was held to be subject to the common law defence based upon the necessi......
  • R. v. Morgentaler, (1988) 82 N.R. 1 (SCC)
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • 28 January 1988
    ...where a child capable of being born alive was caused to die except in good faith to preserve the life of the mother. In R. v. Bourne , [1939] 1 K.B. 687, the prohibition against abortion both at common law and by statute was held to be subject to the common law defence based upon the necess......
  • M.R v T.R, Anthony Walsh, David Walsh and Sims Clinic Ltd
    • Ireland
    • Supreme Court
    • 15 December 2009
    ...ART 40 MCGEE v AG & REVENUE CMRS 1974 IR 284 OFFENCES AGAINST THE PERSON ACT 1861 S58 OFFENCES AGAINST THE PERSON ACT 1861 S59 R v BOURNE 1939 1 KB 687 ROE v WADE 1973 410 US 113 CONSTITUTION ART 40.3.2 AG v X & ORS 1992 1 IR 1 1992 ILRM 401 CONVENTION ON HUMAN RIGHTS & BIOMEDICINE ART 18 C......
  • Society for the Protection of Unborn Children (Ireland) Ltd v Stephen Grogan and Others (No 5)
    • Ireland
    • Supreme Court
    • 1 January 1998
    ... ... 1965 IR 70 AG V RYANS CAR HIRE LTD 1965 IR 642 CONSTITUTION ART 40.3 OPEN DOOR COUNSELLING & DUBLIN WELL WOMAN V IRELAND 15 EHRR 244 CAHILL V SUTTON 1980 IR 269 OFFENCES AGAINST THE PERSON ACT 1861 S58 OFFENCES AGAINST THE PERSON ACT 1861 S59 R V BOURNE 1939 1 QB 687 HEALTH (FAMILY PLANNING) ACT 1979 S10 MCGEE V AG 1974 IR 284 NORRIS V AG 1984 IR 36 CONSTITUTION ART 40.3.1 MCGIMPSEY V IRELAND 1977 IR 129 DPP, PEOPLE V KENNY 1990 2 IR 110 FINUCANE V MCMAHON 1990 1 IR 165 DPP V SHAW 1982 ... ...
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19 books & journal articles
  • The Supreme Court and foreign sources of law: two hundred years of practice and the juvenile death penalty decision.
    • United States
    • William and Mary Law Review Vol. 47 No. 3, December 2005
    • 1 December 2005
    ...abortions "'done in good faith for the purpose only of preserving the life of the mother.'" Id. at 136-37. (640.) Id. at 137. (641.) [1939] 1 K.B. 687 (642.) Roe, 410 U.S. at 137. (643.) Id. (644.) Id. at 137-38. (645.) Id. at 148-49 & n.44. (646.) Id. at 149 (footnote omitted). (647.) ......
  • Reducing Homelessness or Re‐ordering the Deckchairs?
    • United Kingdom
    • The Modern Law Review No. 82-1, January 2019
    • 1 January 2019
    ...Sheldon n 3 above,337-342; S. Sheldon,‘British Abortion Law: Speaking from the Past to Govern the Future’ (2016) 79 MLR 283-316.9 [1939] 1 KB 687.10 RvCatt Crown Court of Leeds, 17 September 2012 (unreported) at https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/Judgments/sarah-l......
  • Why Doctors Need Not Fear Prosecution for Gender-Related Abortions
    • United Kingdom
    • Journal of Criminal Law, The No. 76-4, August 2012
    • 1 August 2012
    ...1(1) of the 1929 Act. Section 58 is then qualif‌ied to theextent that that there will be no criminal liability where the act is done10 [1939] 1 KB 687.11 Ibid.12 The Infant Life (Preservation) Act 1929 was enacted to f‌ill a loophole that existed inrelation to killing a child during the bir......
  • Drug Sentencing: What's the Deal? The New Sentencing Regime for Drug Offences
    • United Kingdom
    • Journal of Criminal Law, The No. 76-5, October 2012
    • 1 October 2012
    ...pill by doctor to a 14-year-old;no liability under s. 28(1) of the Sexual Offences Act 1956 due to lack of requisiteintent.23 [1938] 3 All ER 615—doctor avoided liability for unlawfully procuring an abortionof a 15-year-old rape victim under s. 58 of the Offences against the Person Act1861.......
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