KRANTZ v HAND [1999] NSWSC 432

KRANTZ v HAND [1999] NSWSC 432

Given the applicant's genuine religious beliefs, absence of foul play, absence of public health concerns, and the high likelihood that death was from natural causes in a frail 86-year-old woman, it is desirable that the post mortem examination be non-intrusive and limited to external, radiological and blood sample examinations.

Jurisdiction
Australia
Judgment Date
23 April 1999
Procedural Posture
Application for Order Under Coroners Act / Judgment
Outcome
Application granted
Legal Topics
['post Mortem Examinations' 'religious Objections to Autopsy' 'discretionary Powers of Coroner' 'review of Coronial Decisions']
['coronial Law' 'administrative Law'] ['post Mortem Examinations' 'religious Objections to Autopsy' 'discretionary Powers of Coroner' 'review of Coronial Decisions']

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Procedural Posture

Application for Order Under Coroners Act / Judgment

Legal Issues

  1. 1 ['Whether it is desirable in the circumstances to restrict post mortem examination in light of religious beliefs and available evidence' 'Balancing coronial functions against legitimate religious and personal wishes']

Ratio Decidendi

Given the applicant's genuine religious beliefs, absence of foul play, absence of public health concerns, and the high likelihood that death was from natural causes in a frail 86-year-old woman, it is desirable that the post mortem examination be non-intrusive and limited to external, radiological and blood sample examinations.

Court Disposition

Application granted

Orders

  • ['Post mortem examination limited to external examination, radiological examination and taking of blood samples']