The Patel trials: further evidence of the need to reform the Griffith Codes

Hemming, Andrew (2014) The Patel trials: further evidence of the need to reform the Griffith Codes. Criminal Law Journal, 38 (4). pp. 218-235. ISSN 0314-1160

Abstract

This article argues that the two trials of Dr Jayant Patel for criminal medical negligence under s 288 of the Criminal Code 1899 Act (Qld) highlight the inadequacies of the duty provisions in the Griffith Codes of Queensland and Western Australia. The difficulties with these duty provisions extend beyond causation and go to the heart of the construction of the Griffith Codes. The fundamental problem lies in the wording of s 23 of both the Queensland and
the Western Australia Codes, the principal section dealing with criminal responsibility, which allows a prosecution for criminal negligence under two alternative routes with different standards of proof, and the importation of
common law criminal negligence into the duty provisions in the absence of a specified fault element in the relevant Code sections. It is further contended that other criminal law jurisdictions in Australia, such as the Criminal Code
1995 (Cth), offer a better model for the prosecution of criminal negligence cases that flow from breach of a specified duty. The article has greatly benefited from comments provided to the author by Justice HG Fryberg, who
conducted the second Patel trial.


Statistics for USQ ePrint 25665
Statistics for this ePrint Item
Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Published Version restricted in accordance with publisher copyright policy.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 04 Aug 2014 20:10
Last Modified: 10 Mar 2017 03:51
Uncontrolled Keywords: criminal law; medical negligence; duty provisions; Griffith Codes
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180110 Criminal Law and Procedure
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940403 Criminal Justice
URI: http://eprints.usq.edu.au/id/eprint/25665

Actions (login required)

View Item Archive Repository Staff Only