R V Bayliss And Cullen Essay

Precedent

In the case of Crown v Bayliss and Cullen in 1986; two doctors were charged under section 224 of the Queensland Criminal Code Act, as it was seen as an unlawful abortion. Consequently, an abortion is considered lawful in Queensland if carried out to prevent serious danger to the woman’s physical and mental health from the continuance of the pregnancy. The court sought to use this case as a way to clarify the confusion on the matter of abortions, and a person's ability to receive one in ill health or perceived ill health, as well as the responsibility of the doctor and patient in the situation. (R v Bayliss and Cullen, 1986)

Case Law

In the case of R v Wald, in 1971 in the NSW District

Court; concerned whether a doctor and an anesthetist who performed abortions in a Sydney clinic had done so ‘unlawfully’, in accordance with section 83 of the Crimes Act 1900. The Court judge, Levine stated “It would be for the jury to decide whether there existed in the case of each woman any economic, social or medical ground or reason which in their view could constitute reasonable grounds upon which an accused could honestly and reasonably believe there would result in a serious danger to her physical or mental health” therefore abortions are deemed lawful in NSW if a doctor has reason to believe that an abortion would avoid serious risk to a woman’s life whether it be physical or mental health based on ‘economic, social or medical grounds or reasons’.(Queensland Parliamentary Library, p.9, 2003)

Public Attitudes
A poll of 1200 Queenslanders commissioned by Fair Agenda in February 2017 found that 82% agreed it should be legal for a woman, in consultation with a medical, professional, to terminate her pregnancy. (Carr, 2017)

A 2010 survey published in the Medical Journal of Australia found 85% of practicing obstetricians and gynecologists do not oppose to abortions, and 90% of these doctors agree that abortion should be available through the public health system in all states and territories (de Costa, Russell and Carrette, 2010)

In 2003 the Australian Survey of Social Attitudes (AuSSA) found that 81% of people being surveyed believed that women should have the right to choose whether or not she has an abortion. It was also found that of those being surveyed who had religious affiliations 77% also supported a woman’s right of choice. (Henry, 2014)

A survey conducted by Auspoll in 2009 of over 1000 Queenslanders found that almost 4 out of 5 voters wanted the law changed so abortion is no longer a crime.

On average only 4% of those surveyed are opposed to abortion, the majority of them being a few religious groups and people over the age of 75. (Betts, 2009)

Moral and Ethical Debate

The abortion debate questions whether it is or isn’t morally right to terminate a pregnancy before childbirth. (BBC, 2014)There are always people who will agree and disagree, while some people will agree on it if it is the mother's life at risk. There are others who believe there is a range of circumstances in which abortion is morally acceptable. (BBC,2014)

There are those who believe a foetus’ right to life before its initial developmental stages has the power to override the right a woman has to her body, without considering the difficulties it can bring, as well as the psychological damage it can leave the mother with. As well as a mother who rejects the child due to the circumstances of its conception. In the circumstances of rape, incest or sexual coercion there should be leeway, where others believe that no matter the circumstance a mother should not be allowed to terminate the fetus. (Shafer-Landau,

2013)

There are many who view abortion as murder, yet this is untrue due to the fact that murder is a legal concept of the unlawful killing of a living person, this is also due to the laws regarding abortion do not refer to it as murder, rather abortions can be viewed as part of a woman’s body. (Gov. SA, 2010).

Within the ethical debate, religions play a major role, in that all religions have strong stances on abortions, they believe that the issue encompasses profound issues of life and death, right and wrong, and human relationships.

(BBC, 2014) While some religions have adopted a ‘pro-life’ stance towards abortion, while others have accepted ‘pro-choice’ stances with open arms. (Gov. SA, 2010)

Throughout history, women have had to fight for their rights, their right to vote, equal pay, and access to higher education, and now women have also had to fight for their reproductive rights, including access to contraception and access to safe, medical and surgical abortions. Pregnancy impacts greatly on women, and no matter what other, political, social or economic rights women have if they do not have control over their own bodies, it is meaningless to stand up for

themselves.

The abortion laws should be abolished, to make way for a woman to have the rights to her own body. As all states and territories within Australia and the Commonwealth, have diversified laws on abortion, that vary in severity to the persons committing the act. As the abortion laws are largely outlined from the British Offences Against the Person Act of 1861, which was implemented to protect women from unsafe abortions. Abortions will continue to be a controversial topic for many until an agreement over women's rights is implemented as the legal ramifications of abortion, it is also a topic that causes enormous debate among the general community in regards to the ethical and moral side of the dispute. In cases of rape, incest and coercion have shown to give great implications to women’s physical and mental health, and give to an extent of leeway to the mother’s rights over her own body.