Director of Public Prosecutions (NSW) v Lasuladu [2017] NSWLC 11

Director of Public Prosecutions (NSW) v Lasuladu [2017] NSWLC 11

The ordinary meaning of 'miscarriage' and 'abortion' applies to s 82 Crimes Act 1900. It is not necessary that the foetus be pre-viable or that a miscarriage actually occurs; intent to procure miscarriage by administration of a drug is sufficient for the offence. The law aims to protect the foetus from conception to...

Source-derived case information.

Parties
Prosecutor: Director of Public Prosecutions (NSW); Defendant: Linda Khamis Lasuladu
Jurisdiction
Australia
Judgment Date
05 July 2017
Procedural Posture
Criminal / Summary Trial and Judgment
Outcome
Offence proved beyond reasonable doubt
Legal Topics
Self Administration of Drug to Procure Miscarriage, Statutory Interpretation, Definition of Miscarriage and Abortion
Criminal Law Self Administration of Drug to Procure Miscarriage Statutory Interpretation Definition of Miscarriage and Abortion

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Parties

Director of Public Prosecutions (NSW)

Prosecutor

Linda Khamis Lasuladu

Defendant

Procedural Posture

Criminal / Summary Trial and Judgment

Legal Issues

  1. 1 Whether miscarriage or abortion are necessary outcomes to ground the element of intention under s 82 Crimes Act 1900
  2. 2 Meaning of 'miscarriage' and 'abortion' in the context of the statute

Ratio Decidendi

The ordinary meaning of 'miscarriage' and 'abortion' applies to s 82 Crimes Act 1900. It is not necessary that the foetus be pre-viable or that a miscarriage actually occurs; intent to procure miscarriage by administration of a drug is sufficient for the offence. The law aims to protect the foetus from conception to birth, and outcome or viability is irrelevant.

Court Disposition

Offence proved beyond reasonable doubt

Orders

  • Court finds the accused guilty of self-administering a drug with intent to procure her miscarriage under s 82 of the Crimes Act 1900.