It is also a crime for anyone to supply or procure anything which that person knows is intended to be used unlawfully to procure a miscarriage. The phraseology of all these Australian statutory provisions is directly based on statutory provisions enacted last century in England: sections 58 and 59 of the Offences Against the Person Act 1861...
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These 1861 provisions replaced somewhat comparable abortion provisions in the earlier Offences Against the Person Act 1837. These had in turn replaced provisions prohibiting abortion contained in Lord Landsdowne's Act 1828, which had in their turn superseded those in Lord Ellenborough's Act 1803. Before the introduction of Lord Ellenborough's Act, it was generally not a crime under English common law to carry out an abortion...
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