R v Pegios [2008] NSWDC 104

New South Wales District Court

CITATION: R v Pegios [2008] NSWDC 104 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 10,11,12,13, 16 June 2008

JUDGMENT DATE: 16 June 2008

JURISDICTION: Criminal

JUDGMENT OF: Murrell SC DCJ at 1

DECISION: See paragraph 26

CATCHWORDS: Manslaughter by gross negligence - dentist death of patient - no case submission - judge alone trial.

R v Misra [2004} EWCA Crim 2375 CASES CITED: R v Adomako [1995] 1AC 171 R v Bateman (1925) 19 CR App R 8

PARTIES: Department of Public Prosecution - Crown Dr G Pegios - Defendant

FILE NUMBER(S): 07/11/0232

COUNSEL: Mr B Hughes - Crown Prosecutor Mr S Littlemore SC- Defendant

SOLICITORS: The Office of the Director of Publib Prosecution - Crown Guild Legal - Defendant

IN THE DISTRICT COURT OF NEW SOUTH WALES

16 June 2008

Coram: Judge H G Murrell SC

R v Pegios

No. 07/11/0232

Decision on No Case Submission

1. On 8 November 2002, the accused, a dentist, performed a dental implant procedure upon Sabatini Catignani. During the procedure, the accused used sedation. Mr Catignani suffered a critical loss of blood oxygen saturation, and died of hypoxic brain damage. 2. The accused is being tried before me, sitting as a judge alone, on the charge that, on 8 November 2002 at Kogarah, he unlawfully killed the deceased (manslaughter).

3. The Crown says that the accused was grossly negligent in that:

(1) while subjecting the deceased to sedation in his surgery, the accused negligently administered excessive drugs, causing the deceased to lose consciousness or become deeply sedated, and thereby risking airway compromise and oxygen desaturation; and (2) the accused negligently failed to respond appropriately when the deceased experienced oxygen desaturation.