Balmoral Bounces Warehouse - Has Alice Ommitted the Offence of Industrial Manslaughter - Law Assignment Help

Assignment Task

Problem-Solving Exercise

You must complete the following legal problem-solving exercise. You must analyse the problem, conduct legal research and present solutions to the problem. In addition, you must reflect on your thinking and work process, describe your problem-solving process, and explain the decisions you made to reach your conclusions.
Assessment criteria:
• Analysis of legal issues
• Demonstration of problem-solving method and ability to reflect on the process
• Clear communication
• Academic expression and correct citation where necessary.
The marking rubric is available on Moodle.
Complete the following exercise:
Alice owns and runs Balmoral Bounces Pty Ltd, a company providing bouncy castles for hire. The company is based in Brisbane and has a large industrial warehouse that ships products around Australia. She employs Christine as Head of Operations and Warehouse Manager. Other warehouse staff, including Daniel and Eric, are employed on casual contracts and warehouse staffing regularly changes.
The Balmoral Bounces warehouse is regularly used to check the company’s bouncy castles for air leaks. The bouncy castles are tested by inflating them. The safetycertified air blowers previously used to inflate the bouncy castles have worn out and stopped working, so Alice has replaced them with converted vacuum cleaners that have been adapted to function as air blowers.
Christine has noticed that these new converted blowers often over-inflate the bouncy castles, including one instance where a bouncy castle started to split open before Daniel quickly noticed the problem and turned off the blower. Christine mentioned this to Alice at the company’s annual Summer Ball, and they agreed they should look into it before it starts damaging more of the company’s stock.
The following week, a new warehouse employee, Francis, was inflating the company’s largest bouncy castle, the ‘MegaPalace’. As the castle was so large, Christine advised Francis to use two of the converted blowers, which he did. The castle rapidly overinflated, but Francis did not notice. The ‘MegaPalace’ subsequently exploded.
Eric, who was standing nearby admiring the bouncy castle, was caught in the explosion and killed immediately.

Your advice is sought on the following questions:
• Has Alice committed the offence of industrial manslaughter?
• Has Christine committed the offence of industrial manslaughter?
• Has Francis committed the offence of industrial manslaughter?
• Has any other person committed the offence of industrial manslaughter?
Your advice is sought only on liability, not on sentencing.
Use the authorities provided and what you have learned in LAWS11057 Introduction to Law to address these matters. Undertake further research to help you understand and use the provided authorities. The provided authorities, rather than any other law, should be the focus of your research and your answer.

Authorities provided (see ‘Problem-Solving Resources’ File on Moodle):
Work Health and Safety Act 2011 (Qld), ss 19, 34A, 34B, 34C, 34D R v Brisbane Auto Recycling Pty Ltd & Ors [2020] QDC 113 Wyong Shire Council v Shirt [1980] HCA 12; (1980) 146 CLR 40
In reflecting on your problem-solving process, you should use first-person language like ‘I’ or ‘my’.

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