Prosecutions

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Victoria - a case study | Prosecutions in NSW and Victoria | Resources

NSW

Until 2006 there had been no prosecutions under NSW criminal laws for more than 20 years. In 2006 a medical practitioner was convicted of unlawful abortion. Dr Sood was found guilty because she was found not to have formed the requisite beliefs about necessity and proportionality for the abortion to be lawful because there was no communication between the doctor and the patient. Dr Sood was deregistered and received a non-custodial sentence.

Victoria

The last prosecution for performing abortion in Victoria occurred in 1987. There was a police investigation of a late term abortion at the Victorian Royal Women’s Hospital in 2000 to see if any of the doctors involved should be charged with child destruction. No charges resulted.  This case also involved investigations by the hospital, a coroner and the medical board. It was one impetus for the Victorian reforms.