Section 29. Exclusion of acts which are offences independently of harm caused
The exceptions in
sections 25, 26 and 27 do not extend to acts which are offences independently of any harm which they
may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or
on whose behalf the consent is given.
sections 25, 26 and 27 do not extend to acts which are offences independently of any harm which they
may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or
on whose behalf the consent is given.
IllustrationCausing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is
an offence independently of any harm which it may cause or be intended to cause to the woman.
Therefore, it is not an offence “by reason of such harm”; and the consent of the woman or of her guardian
to the causing of such miscarriage does not justify the act.