R v Gary GOW [2006] NSWDC 78

New South Wales District Court

CITATION: R v Gary GOW [2006] NSWDC 78

HEARING DATE(S): 07/08/2006 - 14/08/2006 20/10/2006

JUDGMENT DATE: 27 October 2006

EX TEMPORE JUDGMENT DATE : 10/27/2006

JUDGMENT OF: Berman SC DCJ

DECISION: See paragraphs [31] & [32]

CATCHWORDS: Manslaughter - Doctor causes death of patient

LEGISLATION CITED: Crimes Act 1900

PARTIES: Crown Gary Gow

FILE NUMBER(S): 06/11/0791

COUNSEL: P. Adey (Crown) E. Fullerton SC (Offender)

SOLICITORS: DPP Hughes and Taylor Solicitors

SENTENCE 1 On 7 August 2006 Dr Gow was indicted on one count of manslaughter. He pleaded not guilty to that offence and a jury was empanelled. The Crown called its evidence and Dr Gow gave evidence on his own behalf. However at the completion of his evidence he changed his plea to one of guilty. He now stands to be sentenced for the manslaughter of one of his patients, Mr Wayne Ritchie.

2 Mr Ritchie suffered from a number of ailments including chronic back pain. He was being treated by a Dr McKay but when Dr McKay refused to prescribe morphine he went to Dr Gow. He first saw Dr Gow on 24 August 2004.

3 Dr Gow is a GP who also practices homeopathy. When Mr Ritchie first saw Dr Gow he asked for morphine, as he had Dr Mackay, but Dr Gow also refused to prescribe that drug to him. Instead he spent a lengthy period of time taking a history from Mr Ritchie and ultimately suggested that he try some homeopathic remedies. Mr Ritchie agreed. Mr Ritchie returned for a further consultation to discuss his treatment and then came back once more on 22nd 4 September 2004. On that day Dr Gow prescribed morphine for Mr Ritchie. It was the taking of that drug which killed Mr Ritchie.