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Assignment Task

QUESTION

After a long day at work, Lara was wheezy and felt an asthma attack coming on. Lara’s asthma is often exacerbated when she is on her feet all day working at Yuralla child care centre in Mount Druitt. She has managed her condition effectively by taking Ventolin for over two decades. However, on that day, Lara forgot to bring her Ventolin with her. Lara went straight to the pharmacy to purchase Ventolin but was struggling to walk. A police officer, Constable Smith, approached Lara, believing she was drunk. Constable Smith told Lara to accompany him to the police station so she could sober-up. Lara refused to go with the police officer, but could not clearly communicate due to her laboured breathing.

Constable Smith grabbed her wrists firmly and tightly pulled her hands behind her back to put them in handcuffs. While in the back of the paddy wagon, Lara was calling out for help. She was crying, “I can’t breathe”. Constable Smith heard Lara’s cries but ignored her, believing her to be faking it. By the time Lara arrived at the police station, her breathing had become so difficult that she could not walk. Constable Smith dragged her into the cell and left her there. After an hour, Lara’s asthma attack caused Lara to become unconscious as she was lying in the cell.

Despite police protocols requiring police officers to conduct half-hourly welfare checks on atrisk persons in police custody, Constable Smith did not check on Lara’s welfare until he noticed Lara’s unconscious state on CCTV two hours after she had been placed into the cell. Constable Smith entered the cell and, out of frustration, forcefully shoved Lara to wake her. Lara fell head-first from her bed to the concrete floor. The impact of her head with the floor caused a fracture in Lara’s skull. Constable Smith immediately called emergency services.

The ambulance arrived within 10 minutes. However, by the time it arrived at 8.15pm, Lara had died. An autopsy later revealed that Lara had died at approximately 8.00pm, the cause of death being a lack of oxygen to her lungs due to the asthma attack.

Discuss the liability of the police officer for involuntary manslaughter offences, discussing all elements of the offences.

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