Reeves v. The Queen

Lower Court Judgment

21/02/2013 Supreme Court of New South Wales (Court of Criminal Appeal) (Bathurst CJ, Hall J, R A Hulme J)

[2013] NSWCCA 34

Catchwords

Criminal law – Surgical procedure – Informed consent – Appellant conducted a “simple vulvectomy” on a patient – Surgery unnecessary and appellant later convicted of grievous bodily harm with intent – Whether a surgeon must inform a patient of the “nature and extent” of an operation or simply the “nature” of the operation in order to meet the standard of informed consent – Whether Court of Appeal erred in relying on the proviso in s 6(1) of the Criminal Appeal Act 1912 (NSW)

Short Particulars