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Judgment date
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).