To be an offence, miscarriage by a pregnant woman must be caused intentionally and unlawfully; miscarriage otherwise procured does not amount to the crime of abortion. In other words, a miscarriage must be intentionally induced by some unlawful means. Therefore, the prosecution cannot succeed on a charge of abortion if they fail to prove beyond a reasonable doubt that the miscarriage, the subject-matter of the charge, was intentionally or purposely induced, and that the inducement was procured without lawful justification.
BOATENG v. THE STATE [1964] GLR 602 [1964] SLR (SC) 57 · Supreme Court · 1964 · OLLENNU JSC
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