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  • Criminal law implications for doctors who perform sacrificial separation surgery on conjoined twins in England and Australia

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    101894_1.pdf (587.3Kb)
    Author(s)
    Davis, Colleen
    Griffith University Author(s)
    Davis, Colleen
    Year published
    2014
    Metadata
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    Abstract
    There are two reported cases in which courts have been asked to declare lawful surgery to separate conjoined twins where it is known that one twin will die during the procedure. Although judges granted the declaration sought, the two written decisions one from the common law jurisdiction of England and Wales, the other from a code jurisdiction in Queensland, Australia are problematic. This paper argues that neither of these cases provides a principled or certain basis for exculpating doctors in a future conjoined twin case, particularly if this case does not involve infant conjoined twins, one of whom is dying or is severely ...
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    There are two reported cases in which courts have been asked to declare lawful surgery to separate conjoined twins where it is known that one twin will die during the procedure. Although judges granted the declaration sought, the two written decisions one from the common law jurisdiction of England and Wales, the other from a code jurisdiction in Queensland, Australia are problematic. This paper argues that neither of these cases provides a principled or certain basis for exculpating doctors in a future conjoined twin case, particularly if this case does not involve infant conjoined twins, one of whom is dying or is severely disabled.
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    Journal Title
    Victoria University Law and Justice Journal
    Volume
    4
    Issue
    1
    Publisher URI
    https://vulj.vu.edu.au/index.php/vulj/article/view/44
    Copyright Statement
    © The Author(s) 2014. This is an Open Access article distributed under the terms of the Creative Commons Attribution 3.0 Unported (CC BY 3.0) License (http://creativecommons.org/licenses/by/3.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
    Subject
    Criminal Law and Procedure
    Law
    Publication URI
    http://hdl.handle.net/10072/68996
    Collection
    • Journal articles

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