Not sure how to tackle this question and im very short of time. Any ideas? Any help will be much appreciated!
Margaret put a large bowl of left-over food in her back garden every evening to try to attract badgers. Every morning the food was gone. One autumn night, Margaret sat up late to try to see the badgers eating. Instead of badgers, she saw Michael and Mark, two elderly homeless men, sneak into her garden. Both appeared to be very frail and ill. Michael let himself into her shed, which was never locked. Mark emptied the bowl of food into a bag and crept away. Occasionally keeping watch over subsequent weeks, Margaret realised that as the weather grew colder, Michael was sleeping in her shed and Mark was eating the bowl of food every night. One morning Margaret confronted them. Michael said he had food but nowhere to sleep. Mark told her he had a tent in the woods but the bowl of food was all he had to eat.
The next day, Margaret decided it was time to make Michael and Mark move on, as they were lowering the tone of the neighbourhood. She stopped putting the food out and after several days Mark stopped coming. She then noticed that her gardener, Dennis, who had also found out about Michael’s sleeping arrangement, had put a padlock on the shed door. Knowing that this would deprive Michael of shelter that night, during which freezing temperatures were expected, Margaret did not remove it. The next day Dennis found Michael dead from exposure at the bottom of the garden. Rather shocked, he asked Margaret for a cup of tea. Margaret decided to try to silence him but due to his long service wanted to let fate give him a chance. She poured milk into two identical jugs, laced one with bleach and set them both out next to the teapot. Dennis made his tea, poured milk into it from the jug with bleach in, added lots of sugar and drank it all. He suffered internal injuries from which he took months to recover. Mark was later found dead from starvation. Advise Margaret and Dennis.
well... a few ideas really but...
trespassers- they aren't allowed on her land
theft- stealing the food?!
duty of care- regarding whether she needed to do something, depends on assumption of one, i would look at cases like dobinson v stone etc
bleach- i would look at the case with the guy who gives the mother something but only a small amount and thats not what kills her, cant remember the name though sorry... it could also be an attempt... you'd need to look more closely at the case law and statute.
thanks. im getting an idea.. what is a quick way to find the cases and statutes that i need to read?
just look in your notes on the areas being questionned... eg. duty to act and read those and you should find what you need about that.
Look in your text books under each of the areas and there will be the relevant cases there, just be sure that the cases that you use have the ratio that fits the argument you are using.
wow, thats alot of help. cheeers all
do you actually think she is guilty of manslaughter? i dont think there can be any duty of care since she dont know the people and it is her private property. Even though she knew one of them had nowhere to sleep it can not be her duty to let them sleep there. Can you create a duty of care from an event you are not even aware of?
dennis is not guilty and margaret is only guilty of the poisoning. Do you think its correct?
How would you treat the poisoning? Attempted murder? Any good cases you know of?