Afteralongdayatwork,Larawaswheezyandfeltanasthmaattackcomingon.Lara'sasthmais often exacerbated when she is on her feet all day working at Yuralla child care centre inMount Druitt. She has managed her condition effectively by taking Ventolin for over twodecades.However,onthatday, Laraforgot tobringherVentolinwithher.

Lara went straight to the pharmacy to purchase Ventolin but was struggling to walk. A policeofficer,ConstableSmith,approachedLara,believingshewasdrunk.ConstableSmithtoldLarato accompany him to the police station so she could sober-up. Lara refused to go with thepolice officer, but could not clearly communicate due to her laboured breathing. ConstableSmith grabbed her wrists firmly and tightly pulled her hands behind her back to put them inhandcuffs.

While in the back of the paddy wagon, Lara was calling out for help. She was crying, "I can'tbreathe". Constable Smith heard Lara's cries but ignored her, believing her to be faking it. Bythe time Lara arrived at the police station, her breathing had become so difficult that shecould not walk. Constable Smith dragged her into the cell and left her there. After an hour,Lara'sasthmaattack causedLaratobecome unconscious asshe was lyinginthe cell.

Despitepoliceprotocolsrequiringpoliceofficerstoconducthalf-hourlywelfarechecksonat-risk persons in police custody, Constable Smith did not check on Lara's welfare until henoticed 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 floorcausedafractureinLara's skull.ConstableSmithimmediately calledemergencyservices.

The ambulance arrived within 10 minutes. However, by the time it arrived at 8.15pm, Larahaddied.AnautopsylaterrevealedthatLarahaddiedatapproximately8.00pm,thecauseofdeathbeingalackof oxygen toherlungs duetotheasthma attack.

What would the defence say to V's Involuntary manslaughter accuse?