R v Gary GOW [2006] NSWDC 78

R v Gary GOW [2006] NSWDC 78

The offender made a series of serious prescription mistakes that caused Mr Ritchie's death, including prescribing morphine tartrate instead of morphine sulphate, failing to give adequate instructions, writing no directions on the prescription for a schedule 8 drug, and failing to recognise from MIMS that he was prescribing the wrong drug. Although he was remorseful, of impeccable character, under stress, and had no prior breach of the law, the gravity and consequences of the conduct required imprisonment; special circumstances justified a shorter non-parole period and the execution of the sentence was suspended.

Jurisdiction
Australia
Judgment Date
27 October 2006
Procedural Posture
Criminal Sentence for Manslaughter / Sentencing After Change of Plea to Guilty During Trial
Outcome
The offender was sentenced to 18 months' imprisonment with a non-parole period of 12 months, and execution of the sentence was suspended for the term of the sentence.
Legal Topics
['manslaughter' 'doctor Causing Death of Patient' 'gross Breach of Duty of Care' 'prescription Error' 'suspended Sentence']
['criminal Law' 'sentencing'] ['manslaughter' 'doctor Causing Death of Patient' 'gross Breach of Duty of Care' 'prescription Error' 'suspended Sentence']

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Procedural Posture

Criminal Sentence for Manslaughter / Sentencing After Change of Plea to Guilty During Trial

Legal Issues

  1. 1 ["What sentence should be imposed for manslaughter where a doctor prescribed morphine tartrate in circumstances that caused a patient's death." "Whether the gravity of the offender's conduct required a sentence of imprisonment." 'Whether the sentence of imprisonment should be suspended.']

Ratio Decidendi

The offender made a series of serious prescription mistakes that caused Mr Ritchie's death, including prescribing morphine tartrate instead of morphine sulphate, failing to give adequate instructions, writing no directions on the prescription for a schedule 8 drug, and failing to recognise from MIMS that he was prescribing the wrong drug. Although he was remorseful, of impeccable character, under stress, and had no prior breach of the law, the gravity and consequences of the conduct required imprisonment; special circumstances justified a shorter non-parole period and the execution of the sentence was suspended.

Court Disposition

The offender was sentenced to 18 months' imprisonment with a non-parole period of 12 months, and execution of the sentence was suspended for the term of the sentence.

Orders

  • ['A non-parole period of 12 months was set.' 'A total sentence of 18 months was imposed.' 'Execution of the sentence was suspended for the term of the sentence.' 'Dr Gow was directed to be released from custody on condition that he enter into a bond for the term of the sentence.' 'During the term of the bond he must...