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Reeves v The Queen

[2013] HCA 57
Case number
S44/2013
Before
French CJ, Crennan, Bell, Gageler, Keane JJ
Catchwords

Criminal law – Malicious infliction of grievous bodily harm with intent – Consent to battery resulting from surgery – Whether "informed consent" was correct test – Whether patient informed in broad terms of nature of procedure – Application of Rogers v Whitaker (1992) 175 CLR 479.

Criminal law – Appeal – Appeal against conviction – Application of proviso – Whether misdirection to jury actually resulted in substantial miscarriage of justice.


Criminal law – Appeal – Prosecution appeal against sentence – Where appellate court failed to consider residual discretion.

Words and phrases – "consent to medical procedure", "proviso", "substantial miscarriage of justice", "residual discretion".

Crimes Act 1900 (NSW) – s 33.

Criminal Appeal Act 1912 (NSW) – ss 5D, 6(1).

Files
57.rtf (202.86 KB)
57.pdf (77.91 KB)