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Long v R - [1995] 2 NZLR 691

$30.00

High Court Wellington
18, 19 May; 7 June 1995
Hammond J
Criminal practice and procedure — Discharge — Application under s 347 of Crimes Act 1961 — Test for exercise of discretion to discharge — Whether discretion fettered in any way — Whether additional evidence admissible after application made — Crimes Act 1961, s 347.
Criminal law — Offences — Manslaughter — Medical practitioner — Patient facing certain death without surgery — Patient dying under surgery — Standard of care required — Whether applicable principles any different from principles applicable to "non-medical" manslaughter — Observations as to matter generally — Crimes Act 1961, ss 155 and 164.
Medicine, pharmacy and related professions — Medical practitioners — Seriously ill patient — Patient facing certain death — Patient dying under surgery — Standard of care required — Whether applicable principles any different from principles applicable to "non-medical" manslaughter — Observations as to matter generally — Crimes Act 1961, ss 155 and 164.

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