Full Court Minute Books

Case B11/2012

Patel v. The Queen

Case No.


Case Information

Lower Court Judgment

21/04/2011 Supreme Court of Queensland (Court of Appeal) (McMurdo P, Muir J, A Fraser JA)

[2011] QCA 81


Criminal law — Homicide — Manslaughter — Grievous bodily harm — Duty of persons doing dangerous acts — Medical practitioner — Surgery — Applicant convicted of manslaughter of three victims and unlawfully doing grievous bodily harm to one victim — Applicant a surgeon who operated on the four victims — Applicant convicted on the basis that his decision to operate in each case was so thoroughly reprehensible that the decision was criminal and deserved criminal punishment — Whether the applicant's decision to operate or to commend surgery to a patient was the doing of an "act" within the meaning of s 288 of the Criminal Code (Q) ("the Code") — Whether s 288 of the Code can have any application to a decision to conduct surgery upon a patient — Whether there was a miscarriage of justice in the conduct of the trial.

Short Particulars


09/02/2012 Hearing (SLA, Canberra by V/link to Brisbane)

23/02/2012 Notice of appeal

09/03/2012 Written submissions (Appellant)

09/03/2012 Chronology (Appellant)

05/04/2012 Written submissions (Respondent)

26/04/2012 Reply

06/06/2012 Hearing (Full Court, Brisbane)

07/06/2012 Hearing (Full Court, Brisbane)

24/08/2012 Judgment  (Judgment summary)