“Legal Research Assignment Rachael Flemming was a recovering drug user. She was barely 17 years old. After serving a four month sentence during which she underwent a programme of detoxification she was discharged under licence. The condition of the licence was that she had to live with her mother, Audrey Brown, and observe a curfew. Also, living in the same house was Flemmings older half- sister, Rita Keeler. Both Flemmings mother and sister were themselves habitual drug users and heroin addicts. One evening Keeler bought several packets of heroin from a local dealer, Ron Taylor. She passed some or all of it to Flemming who then injected herself with the drug. Flemming immediately became ill displaying all the symptoms of heroin overdose. Keeler later told police that when she herself had suffered in a similar way she had been rescued by paramedics. However, when Flemmings temperature rose, her lips turned blue and she became unresponsive, instead of seeking medical help, the mother and daughter decided to put Flemming to bed in the hope that she would recover spontaneously. They did observe some improvement in her colour but were not alarmed by her state of unconsciousness since they believed her condition to be the normal effect of the drugs. The next morning Keelers mother woke Keeler to tell her that Rachael was dead. They called the emergency services who responded immediately. The paramedics concluded from an examination of the body that Rachael had been dead for some time. The cause of death was poisoning by heroin. Keeler and Brown were arrested and charged with manslaughter. Please advise them of their criminal liability. Ensure that your essay discusses in detail the meaning of duty of care in this context. (Graduate Diploma in Law PT Yr 1)”

This scenario raises a number of issues surrounding manslaughter and when someone is criminally liable, therefore responsible, for the death of another person. In this given situation it is right to first establish that the manslaughter was not an act of voluntary manslaughter – there was no mens rea (intent) on the part of either Keeler or Brown to kill or cause serious harm to Flemming.  There is a possibility that the defendants could be criminally liable of involuntary manslaughter. This could arise by either an unlawful act or dangerous act; or by recklessness (a reckless act) on the part of the defendant; or by gross negligence, arising from a breach of duty of care or an omission of a duty to act.

The first point to determine is which of the three forms of involuntary manslaughter the defendants may be criminally liable under. There is no way from the evidence that Brown woul…(short extract)

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