Supreme Court of Queensland, Byrne SJA 1/07/2010 (delivered ex tempore)
“CATCHWORDS: CRIMINAL LAW – JUDGMENT AND PUNISHMENT – SENTENCE – Manslaughter and grievous bodily harm – where surgeon found guilty of three counts of manslaughter and one count of grievous bodily harm arising out of criminal negligence under the Criminal Code Act 1899, s 288 – where surgeon had reason to believe he may have had deficiencies in his knowledge and aptitude – where surgeon had restrictions placed on his practise in Oregon, United States by an order of a local Board of Medical Examiners – where surgeon did not advise patients or hospital of restrictions – where no criminal history – where serial, serious offending – sentenced to three years’ imprisonment in respect of the grievous bodily harm offence – sentenced to seven years’ imprisonment in respect of each of the manslaughter offences – sentences to be served concurrently.”
Find full decision here.

Byrne SJA 4/06/2010 (delivered ex tempore), published 30 June 2010
“CRIMINAL LAW – MANSLAUGHTER – CRIMINAL NEGLIGENCE – Interpretation of Criminal Code Act 1899 (Qld), s 288 – Meaning of “surgical…treatment” – Where surgeon charged with manslaughter and grievous bodily harm arising out of criminal negligence – Where evidence suggested surgery should not have been undertaken but when it was undertaken, was performed competently – Whether in administering “surgical…treatment” the “duty…to have reasonable skill and to use reasonable care in doing such act” extends to decisions to operate – s 288 encompasses the decision to commend surgical treatment to a consenting patient”
Find decision here.