R. v. Davidson

In R. v. Davidson Supreme Court of Victoria (1969), Dr. Charles Kenneth Davidson, a medical doctor, was charged with four counts of unlawfully using an instrument and one count of conspiring to use an instrument or other means with intent to procure the miscarriage of a woman. The Supreme Court of Victoria held that an abortion would be lawful if the accused had an honest and reasonable belief that the procedure was both “necessary” and “proportionate.”

In this context:

• “Necessary” means the abortion was required to prevent serious harm to the woman’s life or to her physical or mental health, beyond the normal risks of pregnancy and childbirth.
• “Proportionate” means the danger to the woman’s health had to be sufficiently serious to justify the abortion as a response.

The jury applied this legal test and acquitted Dr. Davidson on all charges.

Since 2008, the Abortion Law Reform Act has legalised abortion performed by a registered medical practitioner in Victoria on request up to 24 weeks. After 24 weeks, abortions may only be performed where the registered medical practitioner (with the support of a second registered medical practitioner) reasonably believes the abortion is appropriate in all the circumstances, having regard to all relevant medical circumstances; and the woman’s current and future physical, psychological, and social circumstances.

Topics

• Abortion and reproductive health rights
• Gender discrimination

Geographical location

• Australia and Oceania
• Australia

Keywords

• reproductive healthcare
• reproduction rights

Year

• 1969

External URL

• R. v. Davidson

Court

• Supreme Court of Victoria

Type

• Domestic Case Law

Jurisdiction

• Victoria