I am stuck on this question and would appreciate help. The question is- examine whether there are any potential criminal

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Customer: Hi there, I am stuck on this question and would appreciate help.
The question is- examine whether there are any potential criminal law implications for the paramedic conduct regarding Kim, applying specific sections of Crimes ActSo the case study is-
When the DHB discharged kim, he was put into an ambulance for transport to the rest home. When he attempted to leave the ambulance, the paramedic restrained her by holding her arms behind her back. After a stuggle she was out into physical restraints
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellington with more than 42 years of experience. I am here to help with your questions.

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Chris The Lawyer, Expert

We don't normally help with homework questions but I will give some guidance

20 General rule as to justifications

(1) All rules and principles of the common law which render any circumstances a justification or excuse for any act or omission, or a defence to any charge, shall remain in force and apply in respect of a charge of any offence, whether under this Act or under any other enactment, except so far as they are altered by or are inconsistent with this Act or any other enactment.

(2) The matters provided for in this Part are hereby declared to be justifications or excuses in the case of all charges to which they are applicable.

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Chris The Lawyer, Expert

48 Self-defence and defence of another

Every one is justified in using, in the defence of himself or herself or another, such force as, in the circumstances as he or she believes them to be, it is reasonable to use.

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Chris The Lawyer, Expert

Those sections would provide a defence for the paramedic

Customer
Sorry I don't quite understand- but thank you
Customer
would it not be 195a
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Chris The Lawyer, Expert

Not on the facts you have described

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Chris The Lawyer, Expert

That section doesn’t seem to apply

Customer
ok got it- thanks for the help
Customer
Sorry if your able to tell me what this part actually means (don't quite understand it) examine whether there are any potential criminal law implications for the paramedic conduct
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Chris The Lawyer, Expert

If he/she used excessive force that is the line That they must not cross

Customer
in the case- if the paramedic used any excessive force on Kim?
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Chris The Lawyer, Expert

Yes

Customer
ok thnks
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Chris The Lawyer, Expert

I hope this helps

Customer
Hi. My question is-
What are the additional powers of the Health & Disability Commissioner
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Chris The Lawyer, Expert

Have you looked at the legislation?

Customer
the health and disability commissioner Act 1994
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Chris The Lawyer, Expert

What does the act say about additional powers

Customer
Sorry under what section does it talk about that
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Chris The Lawyer, Expert

Sections 38, 39 and 40, appear to be the sections which say what they can do, but look at the Sections called Investigation and the section called Proceedings before HRT

Customer
Thank you
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