R v Bourne (1952) 36 Cr App R 125

Facts

  • Bourne, a surgeon, performed an abortion on a young girl who had been raped.
  • He claimed the procedure was necessary to protect the girl's health.
  • The court was required to determine whether Bourne could be convicted as an accomplice to an illegal abortion, even if his actions were considered medically justified.

Issues

  1. Whether an individual may be convicted as an accomplice to a crime if the principal offender’s actions do not amount to a criminal offence.
  2. Whether the defence of necessity could justify the act of abortion, thereby negating criminal liability for both the surgeon and the principal offender.
  3. Whether liability as a secondary party is contingent on the act and intent of the principal offender.

Decision

  • The court held that a person cannot be found guilty as an accomplice unless the principal offender’s conduct constitutes the act of a criminal offence.
  • If the abortion was legally justified based on necessity, then no crime existed and secondary (accomplice) liability could not arise.
  • The court accepted that if the jury found the abortion was genuinely necessary to protect health, no criminal act was committed by any party.

Legal Principles

  • Secondary liability requires that the act constituting the crime be committed by the principal offender; otherwise, accomplice liability does not arise.
  • The defence of necessity can render certain acts, such as medically required abortions, lawful, thereby negating the criminal character of the conduct.
  • An individual cannot be punished for assisting acts which, although morally debated, do not legally constitute criminal offences.

Conclusion

R v Bourne (1952) 36 Cr App R 125 established that secondary liability depends on the principal offender committing a criminal act, and recognized necessity as a potential defence that negates both primary and secondary liability where actions are justified. This principle has shaped English law on accomplice liability, especially in contexts involving necessity defences.

The answers, solutions, explanations, and written content provided on this page represent PastPaperHero's interpretation of academic material and potential responses to given questions. These are not guaranteed to be the only correct or definitive answers or explanations. Alternative valid responses, interpretations, or approaches may exist. If you believe any content is incorrect, outdated, or could be improved, please get in touch with us and we will review and make necessary amendments if we deem it appropriate. As per our terms and conditions, PastPaperHero shall not be held liable or responsible for any consequences arising. This includes, but is not limited to, incorrect answers in assignments, exams, or any form of testing administered by educational institutions or examination boards, as well as any misunderstandings or misapplications of concepts explained in our written content. Users are responsible for verifying that the methods, procedures, and explanations presented align with those taught in their respective educational settings and with current academic standards. While we strive to provide high-quality, accurate, and up-to-date content, PastPaperHero does not guarantee the completeness or accuracy of our written explanations, nor any specific outcomes in academic understanding or testing, whether formal or informal.
No resources available.

Job & Test Prep on a Budget

Compare PastPaperHero's subscription offering to the wider market

PastPaperHero
Monthly Plan
$10
Assessment Day
One-time Fee
$20-39
Job Test Prep
One-time Fee
$90-350

Note the above prices are approximate and based on prices listed on the respective websites as of May 2025. Prices may vary based on location, currency exchange rates, and other factors.

Get unlimited access to thousands of practice questions, flashcards, and detailed explanations. Save over 90% compared to one-time courses while maintaining the flexibility to learn at your own pace.

All-in-one Learning Platform

Everything you need to master your assessments and job tests in one place

  • Comprehensive Content

    Access thousands of fully explained questions and cases across multiple subjects

  • Visual Learning

    Understand complex concepts with intuitive diagrams and flowcharts

  • Focused Practice

    Prepare for assessments with targeted practice materials and expert guidance

  • Personalized Learning

    Track your progress and focus on areas where you need improvement

  • Affordable Access

    Get quality educational resources at a fraction of traditional costs

Tell Us What You Think

Help us improve our resources by sharing your experience

Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

Saptarshi Chatterjee

Senior Associate at Trilegal