The Court held that under the McKenna construction of s 5O, the defence is unavailable in unusual factual circumstances where no established 'practice' can be identified, even where expert evidence unanimously supports the defendant's conduct as competent professional practice; all three judges signalled that this construction may be reconsidered by a future bench.
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5 of the 31 citing cases carry a classified treatment. How each court treated it is available to signed-in members.