Reference no: EM133377033
Casandra works in Arden Royal Hospital as a Pediatric Nurse in Ward 76. Casandra has been working the night shift and is feeling very tired; a few of the other nurses called in sick, which meant that Casandra had to take on extra duties.
Casandra usually takes the bus home but decides to walk home today so that she can purchase some bread and cakes from the local bakery.
Casandra arrives at the bakery to buy bread and a few cakes. While waiting in the queue, Casandra hears shouting outside and turns to look. Casandra sees two men, Del, and Rodney, arguing and pushing each other. Casandra also sees Betty, an 86-year-old pensioner waiting at the bus stop near where Del and Rodney are arguing. g.
The next thing that Casandra sees is a scuffle between Rodney and Del. She sees Del throw a liquid towards Rodney, but he manages to move and unfortunately Betty is covered in the liquid. Betty starts to scream and hold her face. As Casandra approaches, she sees that Betty is holding her face in pain. Casandra looks closely and sees that Betty's skin is burning. Casandra shouts for someone to call an ambulance.
Betty is taken to the hospital for treatment of burns to her face, arms, and upper body. Whilst at the hospital Betty is left on a trolley for 6 hours before being seen by a junior doctor, Adam gives Betty some morphine to ease the pain whilst he tries to find a more senior consultant to help him with her treatment. Adam forgets to record this in Betty's medical notes. Whilst Adam goes off to find another consultant, Casandra turns up five minutes later and sees Betty in pain. Casandra decides to administer Betty a dose of morphine. Betty dies because of being given too much morphine.
CCTV footage collected by police shows Del picking up an empty bottle from the ground and cycling away. CCTV also showed that Del discarded the bottle and then took the train home.
Del was arrested by the police and told them that he had only attacked Rodney in the heat of the moment and did not mean to throw any acid onto him. Rodney told police that Del was lying and that he had thrown the acid onto him as a warning. Rodney said that Del had threatened him and said, "The devil told me to kill and burn you up Rodney said he owed Del some money for drugs. Del suffers from morbid delusions and persecution syndrome which he manages to control with medication; Del has not been taking his medication properly, and he sometimes forgets to take it.t.
Del has previous convictions for violent offences.
PART A
With reference to the scenario explain whether Del would be liable for the offence of manslaughter in relation to Betty's death.
In doing so explain
a) The actus reus and mens rea of manslaughter.