R v Pegios [2008] NSWDC 105

New South Wales District Court

CITATION: R v Pegios [2008] NSWDC 105

HEARING DATE(S): 10,11,12,13, 16,17,18 June 2008

JUDGMENT DATE: 23 June 2008

JURISDICTION: Criminal

JUDGMENT OF: Murrell SC DCJ at 1

DECISION: See paragraph 69

CATCHWORDS: Manslaughter by gross negligence - dentist - death of patient - judge alone trial.

CASES CITED: R v Misra [2004] EWCA Crim 2375, applying R v Adomako [1995] 1 AC 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 QC - Defendant

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

IN THE DISTRICT COURT OF NEW SOUTH WALES

CORAM: JUDGE H.G. MURRELL SC

23 JUNE 2008

R v Pegios No: 07/11/0232

JUDGMENT.

1 On 6 November 2002, the accused, a dentist, performed a dental implant procedure upon SC. The accused used intravenous sedation to allay SC's anxiety about the unpleasant 1.5-3 hour procedure. SC suffered a critical loss of blood oxygen saturation. On 8 November 2002, he died of hypoxic brain damage.

2 The accused was charged that, on 8 November 2002 at Kogarah, he unlawfully killed the deceased (manslaughter by gross negligence).

3 The Crown alleged that the accused was grossly negligent in that: (1) while subjecting the deceased to sedation in his surgery, he negligently administered excessive drugs, causing the deceased to lose consciousness, and thereby risking airway compromise and oxygen desaturation; and (2) he negligently failed to respond appropriately when the deceased experienced oxygen desaturation.