R v Sood (Ruling No 3) [2006] NSWSC 762 (15 September 2006)

[2006] NSWSC 762

criminal trial
unlawful administration and supply of drug to procure miscarriage
interlocutory rulings on questions of evidence
whether Crown ought be permitted during opening to provide contentions of law in writing
construction of “unlawfully” in Crimes Act 1990 s83
test of proportionality objective
manslaughter by criminal negligence
duty of care to child once born alive
unfavourable witnesses
evidence relevant to credibility of accused and to asserted facts
Crown permitted to cross examine prosecution witnesses
evidence of medical opinion as to whether baby born alive
whether expertise established
use of medical report prepared for Health Care Complaints Commission
whether evidence from report admissible
evidence of medical practitioner admissible
whether disclosure of report unlawful
consciousness of guilt
conduct of counsel in trial not available to be used to found inference that instructions to counsel reflected a consciousness of guilt
discharge of one juror on medical evidence
order that trial proceed with jury of eleven

Crimes Act 1900 s83
Criminal Code Act 1995 (Cth)
Evidence Act 1995  s38, s56, s59, s60, s66, s79, s81, s135, s137, s138, s177, s184, s192