Australian Health Practitioner Regulation Agency v Black, Robert [2015] NSWLC 9

Australian Health Practitioner Regulation Agency v Black, Robert [2015] NSWLC 9

Although the court was satisfied that the observed thrusts were quick, short, and directed to the cervical spine, the prosecution did not prove beyond reasonable doubt that the movements went beyond Mr Penny's normal physiological range of motion; therefore the statutory definition of manipulation of the cervical spine was not established and the charge was not made out.

Jurisdiction
Australia
Judgment Date
04 May 2015
Procedural Posture
Criminal Charge Alleging Breach of S 123(1) of the Health Practitioner Regulation National Law (nsw) / Hearing After Plea of Not Guilty
Outcome
Charge dismissed.
Legal Topics
['practice Protections' 'manipulation of the Cervical Spine' 'high Velocity, Low Amplitude Thrust' 'proof Beyond Reasonable Doubt']
['criminal Law' 'health Practitioner Regulation'] ['practice Protections' 'manipulation of the Cervical Spine' 'high Velocity, Low Amplitude Thrust' 'proof Beyond Reasonable Doubt']

Case Brief

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Procedural Posture

Criminal Charge Alleging Breach of S 123(1) of the Health Practitioner Regulation National Law (nsw) / Hearing After Plea of Not Guilty

Legal Issues

  1. 1 ['Whether the accused performed a manipulation of the cervical spine within the meaning of s 123(2) of the Health Practitioner Regulation National Law (NSW).' "Whether the procedure involved moving the joints of the cervical spine beyond the person's usual physiological range of motion using a high velocity, low amplitude thrust." 'Whether the prosecution proved the charge beyond reasonable doubt.']

Ratio Decidendi

Although the court was satisfied that the observed thrusts were quick, short, and directed to the cervical spine, the prosecution did not prove beyond reasonable doubt that the movements went beyond Mr Penny's normal physiological range of motion; therefore the statutory definition of manipulation of the cervical spine was not established and the charge was not made out.

Court Disposition

Charge dismissed.

Orders

  • ['Charge dismissed.']