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

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,

(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