High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ, CRENNAN, BELL, GAGELER AND KEANE JJ
GRAEME STEPHEN REEVES APPLICANT
AND
THE QUEEN RESPONDENT
Reeves v The Queen [2013] HCA 57 18 December 2013 S44/2013
ORDER
1. Special leave to appeal on Grounds 2.1, 2.2 and 2.3 of the Application for Special Leave to Appeal filed on 21 March 2013 granted.
2. Application for special leave to appeal otherwise dismissed.
3. Appeal treated as instituted and heard instanter.
4. Appeal allowed in part.
5. Set aside paragraphs 6, 7, 8 and 9 of the orders of the Court of Criminal Appeal of the Supreme Court of New South Wales made on 21 February 2013.
6. Remit the matter to the Court of Criminal Appeal of the Supreme Court of New South Wales for further consideration in accordance with the reasons of the Court.
7. Appeal otherwise dismissed.
On appeal from the Supreme Court of New South Wales
Representation
P J D Hamill SC with S F Beckett for the applicant (instructed by Legal Aid (NSW))
L A Babb SC for the respondent (instructed by Solicitor for Public Prosecutions (NSW))
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Reeves v The Queen
Criminal law – Malicious infliction of grievous bodily harm with intent – Consent to battery resulting from surgery – Whether "informed consent" was correct test – Whether patient informed in broad terms of nature of procedure – Application of Rogers v Whitaker (1992) 175 CLR 479.
Criminal law – Appeal – Appeal against conviction – Application of proviso – Whether misdirection to jury actually resulted in substantial miscarriage of justice.
Criminal law – Appeal – Prosecution appeal against sentence – Where appellate court failed to consider residual discretion.
Words and phrases – "consent to medical procedure", "proviso", "substantial miscarriage of justice", "residual discretion".
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