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.
Illustration
Causing miscarriage (unless caused in good faith for the purpose of saving the life of the
woman) to 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 dose not
justify the act.
92. Act done in good faith for benefit of a person without consent: Nothing an offence
by reason of any harm which it may cause to a person by whose benefit it is done in good
faith even without that person's consent, if the Circumstances are such that is impossible
for that person to signify consent, or if that person is incapable of giving consent, and has
no guardian or other person in lawful charge of him from whom it is possible to obtain
consent in time for the thing to be done with benefit:
Provided First: That this exception shall not extend to the intentional causing of death, or
the attempting to cause death;
Secondly: That this exception shall not extend to the doing of anything which the person
doing it knows to be likely to cause death, for any purpose other than the preventing of
death or grievous, hurt, or the curing of any grievous disease or infirmity;
Thirdly: That this exception shall not extend to the voluntary causing of hurt, or to the
attempting to cause hurt for any purpose other than the preventing of death or hurt;
Fourthly: That this exception shall not extend to the abetment of any offence, to the
committing of which offence it would not extend.
Illustration
(a) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be
trepanned. A not Intending Z's death but in good faith for Z's benefit, performs the trepan
before Z recovers his power of judging for himself. A has committed no offence.
(b) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill
Z, but not intending to kill Z, and in good faith intending Z's benefit A's ball gives Z a
mortal wound. A has committed no offence.
(c) A, a surgeon, sees child suffer an accident which is likely to prove fatal unless an
operation be immediately performed. There is no time to apply to the child's guardian. A
performs the operation in spite of the entreaties of the child, intending, in good faith, the
child's benefit. A has committed no offence.