Criminal Law Basics

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Questions and Answers

What was a key factor contributing to the overdose death of the first patient?

Strong painkillers were administered correctly.

The patient had a history of substance use.

The patient received opioids with short intervals between doses. (correct)

Hospital staff monitored the patient regularly.

Which of the following best describes the cause of death in the second case?

Accidental overdose from prescribed medications.

Multiple drug toxicity resulting from a prescribing error. (correct)

Heart failure due to chronic conditions.

Homicide linked to the administration of incorrect medication.

What is the legal requirement to classify a medical error as criminal?

Evidence of negligence must be established.

The error must be intentional.

Mens Rea or Actus Reus must be proven. (correct)

The error must lead directly to a patient’s death.

What principle underlies the concept of 'double effect' in medical ethics?

It is permissible to cause harm as a side effect of achieving a good result. Signup and view all the answers

In the context of medical error, what does 'missed opportunities' refer to?

Instances where errors should have been detected but were not. Signup and view all the answers

What is the main focus of criminal law?

Protecting society as a whole Signup and view all the answers

Which of the following correctly distinguishes between criminal and civil law?

Criminal law is initiated by the state, whereas civil law is initiated by the victim. Signup and view all the answers

What do the terms actus reus and mens rea refer to in criminal law?

The mental intention and the physical act of the crime Signup and view all the answers

Which statement about homicide is true?

Homicide is defined as the unlawful killing of another person. Signup and view all the answers

What does the presumption of innocence entail in criminal law?

The accused is considered innocent until proven guilty. Signup and view all the answers

In what situation can an individual be held vicariously liable in criminal law?

Individuals cannot be vicariously guilty in criminal law. Signup and view all the answers

What type of penalties are typically imposed in civil law cases?

Monetary compensation Signup and view all the answers

What are the legal criteria for establishing a criminal offense?

The actus reus and mens rea must be established prior to a charge. Signup and view all the answers

What was the initial sentence given to Haines after being found guilty of murder?

36 years jail Signup and view all the answers

What was one of the grounds for Haines' appeal against the murder conviction?

Mistakes made by the trial judge Signup and view all the answers

What may amount to manslaughter in the case of a nurse administering a drug?

Acting with a degree of recklessness Signup and view all the answers

What was the consequence for Yueqiong Fu after her actions resulted in a patient’s death?

Two-year community service and psychological treatment Signup and view all the answers

What defense did Fu attempt to use in court regarding her actions?

She was following a licensed doctor's directives Signup and view all the answers

What did Fu acknowledge regarding her use of anaesthetic in the court?

She acted recklessly in preparing the anaesthetic Signup and view all the answers

What crucial lesson did Fu learn after her legal proceedings?

Critical thinking is essential in medical procedures Signup and view all the answers

Which factor was considered a significant aggravating factor in determining Haines' sentence?

Haines' prior nursing complaints Signup and view all the answers

Under what condition may an abortion be deemed lawful according to the Menhennitt ruling?

If necessary to protect the physical or mental health of the woman Signup and view all the answers

What does the Abortion Law Reform Act 2008 (Vic) specify about abortions after 24 weeks of pregnancy?

Two doctors must certify the appropriateness of the abortion Signup and view all the answers

What is a consequence of performing an abortion by an unqualified person as stated in the content?

It is considered a crime Signup and view all the answers

What role do pharmacists and nurses play in the abortion process for pregnancies not exceeding 24 weeks?

They may supply or administer drugs to cause an abortion Signup and view all the answers

What does Section 67 of the Crimes Act 1958 (Vic) state regarding concealing the birth of a child?

It is a summary offence with a penalty of up to 6 months imprisonment Signup and view all the answers

Under what circumstances can a woman be charged with infanticide according to the Crimes Act 1958 (Vic)?

If her mental state is disturbed due to childbirth Signup and view all the answers

What additional requirement must be fulfilled by pharmacists or nurses administering abortion medication if the woman is over 24 weeks pregnant?

They need to be employed by a hospital and act under a doctor’s written direction Signup and view all the answers

What documentation is required when two doctors certify an abortion after 24 weeks?

Written documentation is necessary regarding circumstances Signup and view all the answers

What substance was incorrectly administered to Nymphea Anderson by the nurse?

Oral medication through an IV drip Signup and view all the answers

What was the outcome of the jury's deliberation in the nurse's manslaughter trial?

The jury was unable to reach a verdict Signup and view all the answers

What was a key factor that led to the manslaughter charge against Mavis Lopez?

Administering medication without checking with a registered nurse Signup and view all the answers

Which medical condition was NOT listed among Nymphea Anderson's health issues?

Diabetes Signup and view all the answers

What was the legal consequence for the nurse after the prosecution was dropped?

No further criminal prosecution occurred Signup and view all the answers

What was a legal and medical issue involved in the first abortion case mentioned?

Lack of informed consent Signup and view all the answers

What ethical principle did the Catholic doctor violate by refusing an abortion based on the fetus's gender?

Autonomy Signup and view all the answers

In the scenario of administering oral medication incorrectly, what major oversight did the nurse fail to address?

Method of administration Signup and view all the answers

What led to the gross negligence charge against the doctor in the second abortion case?

Performing an abortion on a healthy fetus Signup and view all the answers

What is the implication of the term 'double effect' in medical ethics as seen in cases mentioned?

An action that has both a positive and negative effect Signup and view all the answers

Study Notes

Criminal Law

A set of rules with punishment for breaking them
Crimes committed against the state, not individuals
Developed in common law and legislation like the Crimes Act 1958 (Vic)
Must be established by law before a charge
Actus reus and mens rea are required for charges
One cannot be vicariously guilty in criminal law
The precise act for which one is charged must have been committed
Presumption of innocence
Ignorance of the law is no excuse

Actus Reus

The act of the offense
Physical act constituting the crime
Includes voluntary acts, omissions, and causation

Mens Rea

Mental intention of the offense
Intent, recklessness, or negligence
Prosecution must establish that the accused deliberately performed the unlawful act at the time of the crime

Homicide

Unlawful killing of another person
Includes murder and manslaughter
Common law definition dates back to 1797
Abortion may be lawful if necessary to protect the woman's physical or mental health, provided it does not outweigh the danger the abortion was intended to prevent

Abortion

Abortion Law Reform Act 2008 (Vic)
Removed the crime of abortion from the Crimes Act 1958
Allows medical practitioners to perform abortions up to 24 weeks
After 24 weeks, two doctors must certify the procedure is appropriate
Abortion performed by an unqualified person is a crime

Concealing the Birth of a Child

Crimes Act 1958 (Vic) Section 67
Any person who conceals the birth of a child, whether the child died before or after birth, is guilty of a summary offense and liable for up to 6 months imprisonment

Infanticide

Crimes Act 1958 (Vic) section 6
A woman who causes the death of her child in circumstances that would otherwise constitute murder and at the time of the conduct her mind was disturbed, having not fully recovered from childbirth or developed a disorder related to childbirth, may be charged with infanticide

Negligence/ Murder

R v Haines NSWSC 1812 - Haines was found guilty of murder after being on probation for receiving complaints from previous nursing jobs
Haines appealed the verdict, arguing the trial judge’s summing up was unfair to the defense and the judge made various legal errors

Negligence/ Manslaughter

If a drug was given to a patient and the nurse thought it was the right drug but given with a degree of recklessness, or contraindications were not observed and the patient died, it may amount to manslaughter

Negligence/ Manslaughter: Case Example Yueqiong Fu

Nursing graduate Yueqiong Fu was charged with manslaughter after injecting a patient with a substance that ended up causing their death. She initially stated she was following a doctor's directions but later admitted she prepared several syringes filled with local anaesthetic as instructed by a doctor and later lied to police. She was prohibited from performing any health-related occupation. The doctor was unlicenced.

Negligence/ Manslaughter: Case Examples (Unreported)

Ms Huang - suffered cardiac arrest during a procedure to inject dermal fillers in her breasts and died.
Nymphea Anderson - presented to St George hospital with a number of health issues in 2009. A nurse administered oral medication via an IV drip and Ms Anderson subsequently died. The nurse was charged with manslaughter. After a month long trial, the jury was unable to reach a verdict and the case was dropped. The nurse is no longer a RN.

Cases

Abortion
Rape
FGM (Female Genital Mutilation)
Drug Overdose
Double effect

Abortion Case Examples

A Doctor was found guilty of performing an illegal abortion. The patient was given an abortion drug and sent home. She delivered a fetus at 23 weeks gestation and the baby was pronounced dead in hospital 4 hours later. The doctor was also charged with manslaughter.
A doctor refused to abort a healthy girl because the patient wanted a boy. The doctor was practicing Catholic and had a conscientious objection to abortions. He was obliged to refer the patient to a doctor who would terminate the pregnancy under the Abortion Law Reform Act 2008 (Vic).

Drug Overdose Case Examples

A 53 year old patient was given strong painkillers and not closely monitored by staff. The combination of opioids and short intervals between doses resulted in the patient's death.
A healthy 54 year old patient was given incorrect medication and died from multiple drug toxicity. The coroner's investigation revealed a prescribing error and failures by staff to detect the error.

Double Effect

Double Effect can explain the permissibility of an action that causes serious harm, such as the death of a human being, as a side effect of promoting good. For an action to comply with the double effect doctrine, the action must be appropriate and not excessive.
If a patient died due to a medical error, it must be proved that there was mens rea or actus reus present for there to be a criminal case.

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Description

Explore the fundamental concepts of criminal law, including the definitions of actus reus and mens rea, the classification of homicide, and essential legal principles. Understand how these elements are established in offenses and their implications under the law.