Criminal Trial Division - Judith McKay Case Study - Law Assignment Help

Assignment Task:

SUMMARY OF PROSECUTION ALLEGATIONS 

The accused, Judith McKay, 43 years old and a registered nurse for at least 8 years, has been charged with two counts of murder at the St Magdalene Aged Care Facility on the 16th November 2018. The prosecution alleges that McKay murdered Ms Alice Walker (aged 78 years old) and Mr Jefferey Davies (82 years old) by injecting each of them with insulin after they had made complaints about her. Neither victim was insulin-dependent. A forensic examination found that as a result of the insulin injections, both Ms Walker and Mr Davies fell into a hypoglycaemic coma and died. 

McKay and David Hogan, the CSE, were rostered on the 16th November 2018 to work in the Patina ward. Ms Walker had been a resident of St Magdalene for six months and her medical condition included stroke and hypertension with a hairline fracture of her left arm. Mr Davies had been a resident for three years and his medical condition included arrhythmia, congestive heart failure and incontinence. Neither were clinically unwell. Both deceased were in the Patina ward. Ms Walker was in room 14 and Mr Davies was in room 12. 

That evening, Francis Jacobs, Director of Nursing at St Magdalene, was informed by Mr Hogan that Ms Walker and Mr Davies complained of inappropriate handling and abusive language from McKay when getting them to sleep. Ms Jacobs telephoned McKay and advised her of these complaints which she denied. A meeting had been arranged with McKay for the 17th November 2018 with Ms Jacobs. 

accessed the medicine cabinets and administered 300 units of insulin (the amount found in each of the deceased). 

The Prosecution wishes to adduce the following evidence: 

1. That is 2010 McKay's nursing registration was cancelled because of unprofessional conduct. On two previous occasions, there had been complaints of inappropriate and harsh handling of aged care patients when feeding them and on one of these two occasions McKay had given the wrong medication to a patient but no adverse health consequences resulted from this incident. At the relevant time, the Australian Health Practitioner Regulation Agency (AHPRA) re-issued her registration with conditions that she provides performance reports by a Director of Nursing every three months. 

2. That on the evening 16 November 2018, approximately between 5.00 pm and 9.30 pm, a number of patients, including the two deceased, had complained to Mr Hogan about McKay and her treatment of them when she attempted to forcefully administer sedation medication without their consent. 

The Prosecution, by giving the relevant notices, seeks to rely on the evidence of the two murders as coincidence evidence as it satisfies sections 98 and 101 Evidence Act 2008 (Vic). In the alternative, the two murders are to be treated as part of a single transaction [res gestae], that is, that each murder cannot be truly understood without reference to the evidence of the other. 

Admissibility of Certain Evidence 

Defence Counsel will oppose the admissibility of the evidence-based on the fact that the evidence of the two murders does not constitute coincidence evidence pursuant to section 98 Evidence Act 2008 (Vic) nor does the evidence satisfy s101. Further, the two murders should be heard separately and should not be treated as part of a single transaction. 

Brief to counsel 

You and your learned friend have been briefed to appear in the Supreme Court on this matter on behalf of the accused. You are listed to appear at a pre-trial hearing to determine the admissibility of this evidence. The trial judge has requested a short summary of the argument to be prepared by counsel in advance of oral submissions. You should ensure that your written submission refers to the likely arguments to be advanced by the Prosecution in reply.

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