Court of Appeal Wellington
27 November; 21 December 1989
Cooke P, Richardson, Casey, Bisson, and Hardie Boys JJ
27 November; 21 December 1989
Cooke P, Richardson, Casey, Bisson, and Hardie Boys JJ
Criminal law — Offences — Manslaughter by negligence — Duty of persons doing dangerous acts — Standard of proof — Degree of negligence required to be proved — Accused, an anaesthetist, during an emergency in error injected wrong drug taken from correct drug drawer resulting in death of patient — Accused was convicted of manslaughter — Whether Crown was required to prove no more than ordinary negligence — Whether Court of Appeal should depart from earlier decisions of its own — Whether verdict of jury was unreasonable — Crimes Act 1961, ss 155, 160(2)(b) and 171.
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