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You, the Jury David Reissner
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IN THE PLEA CROWN COURT THE QUEEN v- IAN THURDOCK
PROSECUTION ADVOCATE: David Reissner DEFENCE ADVOCATE: Noel Wardle
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There must be a duty of care The duty has been breached
Ingredients of Medical Manslaughter There must be a duty of care The duty has been breached It is reasonably foreseeable the breach gives rise to a serious and obvious risk of death The breach, in fact, caused death
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Gross Negligence The conduct of the defendant was so bad in all the circumstances as to amount to a criminal act or omission The negligence went beyond a mere matter of compensation but was truly and exceptionally bad so as to justify the conclusion that it amounts to a crime
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Timeline Date March 2017 Dr Foster first prescribes morphine sulfate 10mg for Vic Tim De’Ath March, April, 2017 Morphine sulfate 10mg prescriptions dispensed by Ian Thurdock May, June, July, August 2017 Mrs De’Ath takes 10mg prescriptions to Lloots Friday, 29 September 2017 Vic Tim De’Ath takes prescription for 100mg to Ian Thurdock at 6.15 pm Ian Thurdock consults PMR. Rings surgery Ian Thurdock dispenses morphine sulfate dose of 100mg (2 x 50mg tablets, every 8 hours Saturday, 30 September 2017 Vic Tim De’Ath dies
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