Conception, Life and Criminal Law

Conception/Life and Criminal Law

When does life begin? This is a question that occupied the minds of humanity greatest thinkers and philosophers throughout mankind recorded civilizations.  Different religions offer different answers.  Embryology tells us the full systems that makes the human body functional and that sustain life after birth, ie, the nervous system, the circulatory system, the kidneys etc are complete after 13 weeks gestation in utro.   But what legal right does that 13 weeks systemically fully functional foetus has before the common and criminal law?  This is a question that modern day societies have to come to term with.  The one thing that is certain the final version of that law whether it be amendment to the existing Crimes Act, or new precedent set by the Highest Court in the land it will reflect on each one of us as citizen.  How and why? Think for one moment about motor traffic and transport, illicit drug use, and the practice of obstetric and gynaecology.   

Imagine for one moment serious motor accident in which pregnant female was either the driver or passenger.   The concern of the medical staff and those involved in treating the injured mother is the status and injuries to the foetus.  If as a result of the injuries the mother passes away and the foetus cannot be saved is it one life or two lives that are lost?  If the mother passes away and the foetus is saved but sustains injuries what legal rights did that foetus have under the law? More importantly is the question when did that legal right become operative? Is it in utro or when the surgeon performed Caesarean operation and brought premature and deformed baby to life?

Let us take another example imagine for one moment a pregnant young lady is illicit drug user, heavy smoker, and alcoholic gives birth to a baby that is grossly under weight, malnourished, and has serious health problem including deformities.  Could this mother be charged under the Criminal Law with supply of drugs to her foetus/baby whilst in utro?   Theoretically yes depending on the answer to the question when life begins.

The question when does life begins? And that life is bestowed with legal rights is a question that often arises in medical malpractice against the medical profession and the specialty of obstetric and gynaecology. Questions and legal issues to do with life and legal rights more often than not arise in cases involving undetected foetal deformities, genetical or otherwise,  miscarriages, breeched deliveries,  and stillbirths.  The answer to these questions determines legal liability and award of damages.  At present all that lawyers go by in advising clients or counsel proffering advice are precedents set by the Highest Court in the land.

In the next blog I will attempt to address the question: when life begins and the legal rights that ensue from ethical, philosophical, and religious points of view.