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WITNESSES TO ILLICIT DRUG OVERDOSES: Rights, Risks and Responsibilities

AUTHOR INFORMATION. Presented by: Dr Gregor UrbasFaculty of LawAustralian National UniversityGregor.Urbas@anu.edu.au Co-author:Paul WilliamsSocial Research ProgramAustralian National University Paul.Willliams@anu.edu.au . PAPER FOR CONFERENCE PRESENTATION HANDOUT. Heroin Ov

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WITNESSES TO ILLICIT DRUG OVERDOSES: Rights, Risks and Responsibilities

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    1. WITNESSES TO ILLICIT DRUG OVERDOSES: Rights, Risks and Responsibilities Innovations Conference : Promising Practices in Criminal Justice Responses to Victims and Witnesses University House Australian National University 23-24 October 2003

    2. AUTHOR INFORMATION Presented by: Dr Gregor Urbas Faculty of Law Australian National University Gregor.Urbas@anu.edu.au Co-author: Paul Williams Social Research Program Australian National University Paul.Willliams@anu.edu.au

    3. PAPER FOR CONFERENCE PRESENTATION HANDOUT Heroin Overdoses and Duty of Care P Williams and G Urbas Trends and Issues in Crime and Criminal Justice No.188 (February 2001) http://www.aic.gov.au

    4. PRESENTATION OVERVIEW Research Context – Illicit drugs policy

    5. PRESENTATION OVERVIEW Research Context – Illicit drugs policy Particular Finding – Non-reporting of drug overdoses

    6. PRESENTATION OVERVIEW Research Context – Illicit drugs policy Particular Finding – Non-reporting of drug overdoses Legal Question – Position of witnesses

    7. PRESENTATION OVERVIEW Research Context – Illicit drugs policy Particular Finding – Non-reporting of drug overdoses Legal Question – Position of witnesses Duty of Care – Basis and circumstances

    8. PRESENTATION OVERVIEW Research Context – Illicit drugs policy Particular Finding – Non-reporting of drug overdoses Legal Question – Position of witnesses Duty of Care – Basis and circumstances Criminal Liability – Homicide offences

    9. PRESENTATION OVERVIEW Research Context – Illicit drugs policy Particular Finding – Non-reporting of drug overdoses Legal Question – Position of witnesses Duty of Care – Basis and circumstances Criminal Liability – Homicide offences Public Health Message – Call for an ambulance!

    10. THE NON-REPORTING PROBLEM National Drug Strategy Household Survey 1998 revealed: Over 80,000 males and 100,000 females witnessed at least one heroin overdose Majority witnessed from 1 to 4 overdoses Overwhelming majority of witnesses were also injecting drug users 64% always called for medical assistance 12% sometimes called for assistance 24% never called for medical assistance

    11. REASONS FOR NOT CALLING FOR ASSISTANCE Did not want to get involved (22%) Capable of handling overdose (40%) Afraid of police involvement (33%) Capability (54%) and police involvement (41%) higher for injecting witnesses Concerns included: outstanding warrants and fear of manslaughter charges in event of lethal overdose

    12. ARE WITNESSES’ FEARS WELL-FOUNDED? Legal position of witnesses depends on: whether duty of care owed whether duty of care breached whether death / injury result from overdose availability of medical assistance police / prosecution discretion public health considerations particular circumstances / criminal background of witnesses

    13. RISK FACTOR SCALE Injecting another person Supply of injecting equipment / drugs Encouragement / advice Inadequate post-overdose assistance Ownership / control of premises Mere presence at overdose Mere presence after overdose

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