5035LAW Lecture Notes - Lecture 7: Honda Mobilio, Grievous Bodily Harm, Fide
CRIMINAL LAW ASPECTS OF HEALTH CARE
HOMICIDE
Section Description
S 300 Unlawful homicide
S 293 Definition of killing
MURDER
S 302 Meaning of intention
-direct/purpose intention only
-R v Willmot
-Death inevitable outcome of actions then that’s your intent
-Foresight
-Direct and oblique intention
-Moral wrongness of intention to kill irrelevant
-Can direct jury about intention but not explain what it means
Health professionals a unique position of trust
Presumption of beneficence (acting in good faith) – society assumed doctors would not violate their patients
rights
-Had a unique position of trust in society
-Judges assume doctors are altruistic and always working in good faith
-Increase in litigation – mostly civil sphere
-Manslaughter rise of litigation – not as rare but difficult
-Prosecutions for murder are rare
Should doctors be subject to the criminal law of murder like other citizens of should there be exceptions?
-They have ethical duties and responsibilities that most other careers don’t
oThey have a special status in society and unique duties
(1) Rule of law – no one exempt
(2) Incoherence – manipulation of the law for the doctors is not appropriate for the law – causes flaws
MURDER EXCEPTIONS FOR DOCTORS
(1) PALLIATIVE CARE
-Legislation = s 282A QCC – (3)
-Common law = Adams
oNo exception for doctors
oHowever, created one – do all that is necessary to prevent pain and suffering even if that means that
it may end or shorten their life
oCharged with murdering older patient for disease after stroke
oIntended to help aid her suffering
oIf doctors can’t do any more to help them then go for it
oWoman became dependant on morphine after stroke – doctor encouraged this
oWoman made will to provide many expensive things to Adam
oJust before she died she changed her will to get rid of Adam
oResponsible for 163 deaths
oMentioned in will for many many women
oNot found guilty – so no one looked into the flaws in the system
-Shipman
oKilled many of his patients
oIf these changes were made after adams case then shipman might not have got away with it
oAdam was his role model possibly
oserial murderer
ostill a sense of belief of trust in doctors
omost doctors still act in good faith
Doctrine of double effect
oThe action itself must be good or indifferent
oGood effect, not the bad effect, must be the one sincerely intended by the agent
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Document Summary
Can direct jury about intention but not explain what it means. Death inevitable outcome of actions then that"s your intent. Moral wrongness of intention to kill irrelevant. Presumption of beneficence (acting in good faith) society assumed doctors would not violate their patients rights. Manslaughter rise of litigation not as rare but difficult. Had a unique position of trust in society. Judges assume doctors are altruistic and always working in good faith. Doctors vs someone else doctors not liable where someone else would be. But there is evidence that doctors are treated differently in the court system. Exercise discretion whether or not to prosecute doctor (1) law of intention. Doctors can say whatever they want as their intention. England do courts interpret intention differently in medical cases: r v woollin. Man picked up baby and threw it against the wall. Foresight made him guilty: r v moor.
