Inquest into the death of Josephine Nellie Florence SPAIN [2010] NSWLC 14

Local Court of New South Wales

CITATION: Inquest into the death of Josephine Nellie Florence SPAIN [2010] NSWLC 14

JURISDICTION: Coronial

Ms. C. Stern, Counsel Assisting Coroner PARTIES: Mr. A. McEvoy appearing in the interests of Registered Nurse Susan Oreilly (nee Jackson), Registered Nurse Kim Kagithala, Enrolled Nurse Sherry Piltz, Registered Nurse Gillian Bryant, Registered Nurse Jennifer Commins (and Nurse Unit Manager), Regstered Nurse Antje Badger (and Director of Nursing) and Enrolled Nurse Denise Axon Ms. C. Howell appearing in the interests of Registered Nurse Grant and Registered Nurse Peter Mahone Mr. M. Fordham appearing in the interests of the Greater Southern Area Health Service

FILE NUMBER:

PLACE OF HEARING: Coroner's Court Albury

DATE OF DECISION: 05/20/2010

MAGISTRATE: Magistrate Lerve

CATCHWORDS: Self Incrimination – section 61 Coroner's Act 2009 – whether Certificate can operate retrospectively

LEGISLATION CITED:

Cornwell v The Queen (2007) 231 CLR 260 CASES CITED: Meiko Australia Pacific Pty Ltd v Adam Samuel Hinchcliffe & Anor [2009] NSWSC 354 Ollis v Melissari [2005] NSWSC 1016 Ying v Song [2009] NSWSC 1344

TEXTS CITED: Odgers – Uniform Evidence Law 8th Ed. Waller's Coronial Law & Practice in NSW 4th Ed.

REPRESENTATION:

ORDERS:

Reasons for Decision on the issue of a Certificate Pursuant to s. 61(6) of the Coroners Act 2009 to Gillian Bryant

1. An inquest is being conducted into the death of the late Josephine Nellie Florence Spain who died at the Albury Base Hospital at about 8am on Monday 18th February 2008. The issues of identity of the deceased and date and place of death are uncontroversial. The inquest is principally concerned with the issues of the medical cause of death and the manner of the death.