Inquest into the death of Daryl Suckling

CORONERS COURT OF NEW SOUTH WALES Inquest: Inquest into the death of Mr Daryl SUCKLING File number: 2021/00248509 Inquest dates: 1 March 2023 Place of inquest: NSW Coroners Court sitting at Lidcombe Findings of: Deputy State Coroner Carmel Forbes Date of findings: 1 March 2023 Catchwords: CORONIAL LAW-natural causes death in Long Bay Hospital- care and treatment appropriate Representation: Ms A Chytra Advocate Assisting the coroner Ms A Heritage of the Department of Communities and Justice Legal representing Commissioner of Corrective Services New South Wales Ms Katharine Guilford for the Justice Health and Forensic Mental Health Network

Findings: Identity The person who died was Daryl Suckling Date of death Mr Suckling died on 30 August 2021.

Place of death Mr Suckling died at the Aged Care Unit, Long Bay Hospital, NSW.

Cause of death Mr Suckling died as a result of cerebellar haemorrhage due to hypertension.

Manner of death Mr Suckling died of natural causes while he was in lawful custody.

Non-publication orders: Orders for non-publication of certain evidence have been made in this inquest.

The orders may be found on the Registry file.

INTRODUCTION

1. This is an inquest into the death of Mr Daryl Suckling.

2. Mr Suckling died on 30 August 2021 while he was in custody in the Aged Care Unit at Long Bay Hospital. He was 85 years old at the time of his death.

3. Pursuant to s 23 and s 27 of the Coroners Act NSW 2009 (the Act) an inquest in these circumstances is mandatory.

4. As set out in section 81(1) of the Act, the role of a Coroner is to record findings as to the identity of the deceased, the date and place of the death, and the manner and cause of death. In addition, the coroner may make recommendations that are considered necessary or desirable in relation to any matter connected with the death.

5. Pursuant to section 37 of the Act, a summary of the details of this case will be reported to Parliament.

Mr Daryl Suckling

6. Daryl Suckling was born in Edithvale, Victoria on the 11th of April 1936 and was one of six siblings. At the time of his arrest, he was residing in Goulburn, NSW.

7. Mr Suckling had a significant criminal history with much of his record pre-dating the digitisation of records in 1994. On 2 June 1994, Mr Suckling was arrested and charged with the 1987 murder of a 21-year-old woman. He was subsequently convicted and on 2 September 1996 he was sentenced to life imprisonment.

8. Due to ongoing health concerns, Mr Suckling spent the last three years of his life between the Metropolitan Special Purpose Centre and Long Bay Hospital.

Medical History

9. On 15 August 2008, Mr Suckling was diagnosed with acute ischaemic heart disease and severe chronic obstructive pulmonary disease. He suffered a stroke on 16 September 2010 and developed mobility impairment. On 28 May 2014, Mr Suckling was diagnosed with moderate to severe Abdominal Aortic Aneurysm. Due to his age and comorbidities, he was assessed by doctors as too fragile to undergo surgery for the condition. In January 2015 Mr Suckling suffered a Myocardial Infarction and was diagnosed with Hypertension and Asthma.

10. On 12th of September 2019, Mr Suckling was taken to Prince of Wales Hospital in relation to his Abdominal Aortic Aneurysm. The aneurysm was having an effect on the left renal vein and adjacent inferior vena cava. It was determined that surgery would likely produce a worse quality of life for Mr Suckling. By 20th of March 2020, Mr Suckling’s Abdominal Aortic Aneurysm was extending into the aortic bifurcation.

11. In April of 2021, Mr Suckling was transferred to the Palliative Care Unit of the Aged Care Rehabilitation Unit at Long Bay Correctional Centre. On the 14th of April 2021, Mr Suckling signed an Advanced Care Directive that he did not wish to be resuscitated and commenced palliative care. He remained in the Palliative Care Unit from this time onwards.

August 2021

12. About 8pm on Monday 30th August 2021, Mr Suckling complained to nursing staff that he was feeling nauseous and had he vomited. The Justice Health Registered nurse

advised Dr Sim of Mr Suckling’s symptoms over the phone. Dr Sim provided a telephone order prescription for 10mg of Maxolon, an antiemetic to reduce further vomiting. Mr Suckling initially took half the dose, he told the nurse that he did not want the rest of the medication.

13. At 10.45pm the nurse found Mr Suckling laying on his bed unresponsive. Mr Suckling did not have a heartbeat and in accordance with his wishes as outlined in his Advanced Care Directive, resuscitation was not attempted. Mr Suckling was pronounced deceased at 10.46pm. A typographical error was made on the Life Extinct Form which was incorrectly dated the 30 June instead of 30 August 2021. However, a statement to police that confirms the correct time and date.

14. About 12am on 31 August 2021, police attended the Aged Care Rehabilitation Unit and investigated. Crime Scene Officers examined his room of the Palliative Care Unit and took a number of photographs. It was established that there were no suspicious circumstances surrounding Mr Suckling’s death.

15. A post-mortem examination was performed by Dr. Elsie Burger on 2 September 2021. A CT scan showed a recent intracranial haemorrhage centred on the left cerebellar hemisphere but expanding into the ventricular system. This resulted in moderate hydrocephalus and effacement of the basal cisterns. In the chest, coronary artery calcification and emphysematous changes were seen. A large aorta aneurysm was seen below the level of the kidneys, and the kidneys were small. Dr Burger concluded that the cause of Mr Suckling’s death was cerebellar haemorrhage due to hypertension, with ischemic heart disease and chronic obstructive airway disease as contributory conditions.

16. The date, place, manner, and cause of Mr Suckling’s death are able to be established on the evidence. There is no evidence of individual or systemic deficiency in his care and treatment. There is no basis for making recommendations in this inquest.

Findings pursuant to s 81 (1) Coroners Act 2009 Identity The person who died was Daryl Suckling Date of death Mr Suckling died on 30 August 2021.

Place of death Mr Suckling died at the Aged Care Unit, Long Bay Hospital, NSW.

Cause of death Mr Suckling died as a result of cerebellar haemorrhage due to hypertension.

Manner of death Mr Suckling died of natural causes while he was in lawful custody.

Magistrate Carmel Forbes Deputy State Coroner 1 March 2023 NSW Coroners Court