Withholding therapy may cause a charge of manslaughter and the intended withdrawal of therapy may result in proceedings because of second-degree murder, requested homicide and omission of help, respectively. According to the criminal law, negligence of the duty to help does not require a guarantor position of the physician but the intent for punishableness. Otherwise, the physician is liable fo...

The failure to prosecute Dr Jayant Patel successfully for any of the deaths associated with his time as Director of Surgery at Bundaberg Base Hospital was received in some quarters as an abject failure of the criminal law to deal adequately with significant wrongdoing. The case itself, the multiple public inquiries and the significant expense to pursue, extradite and prosecute Patel, resulting ...

The group National Advocates for Pregnant Women (NAPW) has documented more than 1,200 cases of women prosecuted on charges related to their pregnancy, but few have caused as jarring a reaction the current case involving Brittney Poolaw in Oklahoma. been incarcerated since March 2020, two months after experiencing miscarriage, and this month was sentenced four years prison manslaughter prosecuti...

Jogee established that, if the victim was attacked in a manner different to that which accessory envisioned, will not be liable for resulting death, provided fatal act amounted ‘some overwhelming supervening [OSA]… nobody defendant’s shoes could have contemplated might happen and is of such character as relegate his acts history’. further suggests OSA has replaced fundamental difference rule (F...