LLW4007: Karen and Darryl are in a Polyamorous Relationship - Law Assignment Help

Assignment Task:

FACTS 

1. Karen and Darryl are in a polyamorous relationship.  Both have occasional lovers with the knowledge and consent of the other.  Karen is raising a 5-year-old, Phoebe, whom she had by another man.  Darryl lives with Karen and loves Phoebe as his own daughter.   

2. Before he started living with Karen, Darryl was in a long-term relationship with Silvana.  They both wanted children, but Silvana never conceived.  Nonetheless, they were a happy couple for most of their years together.  Unfortunately, the relationship ended in acrimony.  Thus, when he met Karen who introduced him to polyamory, Darryl vowed he would never again commit to a single partner. 

3. Darryl harboured feelings of resentment towards Silvana who had obtained a family violence intervention order against him that excluded him from their home (then), which effectively forced  Darryl to leave behind some of his belongings.  He had repeatedly tried to retrieve them but had been thwarted by Silvana every time.  Among these belongings was a distinctive signet ring left to Darryl by his grandfather.  This ring had passed down through many generations from Darryl’s forefathers to him and it was a particular source of frustration to Darryl that he was unable to recover it. 

4. At about 9 pm on the eve of a long weekend in winter, Silvana walked into her bedroom after drinks with friends and encountered a person rifling through her lingerie drawer.  The intruder turned around as Silvana walked in and waved some kind of implement at her with the left hand, indicating that she should move away from the doorway.  Emboldened by alcohol, Silvana was not afraid.  Instead, she shouted abuse at the intruder and sought to block the intruder from leaving, at which point she was stabbed with the implement.    

5. Silvana’s current partner, Greg was coming home from work when he bumped into the intruder just outside their house.  He grappled with the intruder briefly, but the intruder ripped free and fled. 

6. Greg ran into the house to check on Silvana and found her in a pool of blood.  Silvana was mouthing some words, but Greg could not make out what she was trying to say.  He called for an ambulance and the police.  Just before she lost consciousness, Silvana managed to point at the ring Greg wore.   

7. Paramedics and police arrived.  While the paramedics attended to Silvana, Greg told the police officers of his struggle with the intruder.  Greg was certain the intruder was male because the person was burly, strong and as tall as himself.  Greg did not recognise him as the intruder wore a dark hoodie jacket with the hood up which obscured his face.  However, Greg could see that he was fair-complexioned.  Greg had also glimpsed a spider-like tattoo on the back of the intruder’s right hand and provided the police officers with a sketch of the tattoo, which is depicted on the right.  Further, Greg told the officers that the intruder’s clothes were likely to have been torn.   

8. Having rendered whatever aid they could, the paramedics rushed Silvana to hospital.  Unfortunately, she could not be saved and died in the ambulance on the way, with Greg by her side. 

9. The police officers mounted a search of the vicinity within a 5-km radius of Silvana’s house.  At a quarter to midnight, they found a male who approximately fitted the description provided by Greg, huddled under a blanket in a motel room about 4 km away from Silvana’s house, pretending to be asleep.  He was fair, stocky, slightly shorter than Greg and had a tattoo on the back of his right hand, described by the police as that of a beetle.  The tattoo is depicted on the right.  It was Darryl.   

10. The police found out from the motel clerk that he was unaware Darryl was occupying a room.  The clerk had been on duty since 8 pm and had not heard any vehicle pulling up at the motel.  The door of the room in which Darryl was found had been forced open.   

11. Darryl was wearing only a sleeveless T-shirt and dark track pants.  Despite the freezing cold outside, he had no outer wear or any other top.  The police officers observed some bruising on Darryl’s arms and a large rent on the right leg of his track pants.  When asked, Darryl claimed he had been carjacked on the way to the motel by some youths, who took his car, wallet and parka.  He stated that he was going to spend the night at the motel as he had a row with his partner.  He said the bruising and the tear in his pants were caused when he tried to fight the car-jackers off.

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