Penal Code · s 91

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s 91Exclusion of acts which are offences independently of harm caused

The exceptions in sections 87,88 and 89 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.

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Causing 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.