TOKELAU.  Crimes, Procedure and Evidence Rules 2003.

 

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24. Miscarriage

 

(1) A person who without lawful excuse does anything with intent to procure the miscarriage of a woman or girl, whether pregnant or not, commits an offence.

 

(2) A woman who, whether pregnant or not, unlawfully administers to herself or permits to be administered to her a poison or a drug or other noxious thing, or unlawfully uses on herself or permits to be used on her any instrument or other means, with intent to procure miscarriage commits an offence.

 

(3) A person who supplies or procures anything, knowing that it is intended to be unlawfully used with intent to procure the miscarriage of a woman or girl commits an offence.

 

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116. Insanity, necessity and self-defence

 

(1) (i) No person shall be convicted of an offence if at the time of the commission of the offence that person was insane or acted under duress.

 

(ii) A person shall be presumed to have been sane at the time of the commission of an offence until the contrary is proved.

 

(2) No person shall be convicted of an offence other than murder, who in an emergency situation acts to prevent serious harm to property or persons if the harm prevented is greater than that which results from the offence and could not have effectively been avoided by lesser means.

 

(3) Everyone is justified in using in their defence or in the defence of another, such force as, in the circumstances as the person believes them to be, it is reasonable to use.

 

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Health Rules 2003.

 

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2. Medical responsibility

 

(1) No civil or criminal liability shall be incurred by any person who with reasonable care and skill performs a medical, surgical, or dental procedure on any person for the benefit of the patient, if the performance of the procedure was reasonable, having regard to the state of the patient at the time and to all the circumstances of the case.

 

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