R v Davidson
1969 Supreme Court of Victoria ruling / From Wikipedia, the free encyclopedia
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R v Davidson, also known (particularly among medical practitioners) as the Menhennitt ruling,[1] was a significant ruling delivered in the Supreme Court of Victoria on 26 May 1969. It concerned the legality of abortion in the Australian state of Victoria. The ruling was not the end of the case, but rather answered certain questions of law about the admissibility of evidence, so as to allow the trial to proceed.
R v Davidson | |
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Court | Supreme Court of Victoria |
Decided | 26 May 1969 |
Citations | [1969] VicRp 85, [1969] VR 667 |
Court membership | |
Judge sitting | Menhennitt J |
Case opinions | |
For an abortion to be not unlawful, the person performing the abortion must have an honest and reasonable belief that the act was:
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In the ruling, Justice Menhennitt ruled that abortion might be lawful if necessary to protect the physical or mental health of the woman, provided that the danger involved in the abortion did not outweigh the danger which the abortion was designed to prevent. It was the first ruling on the legality of abortion in any part of Australia. The principles put forward by Justice Menhennitt have since been drawn upon in other parts of the country.