Question
Bobby lives in Roseville with his partner, Taylor. One day, Taylor sees the following exchange on the family WhatsApp group: Chuck: Has Lara been in
Bobby lives in Roseville with his partner, Taylor. One day, Taylor sees the following exchange on the family WhatsApp group:
Chuck: Has Lara been in touch with anyone in the past few days?
Wags: She hasn't called me. The last I heard she was sick.
Chuck: Perhaps someone should check on her?
Lara is Taylor's stepmother. Because they do not get along especially well, Bobby and Taylor do not visit Lara very often. Indeed, it is widely known that Lara has expressed her dislike for Bobby on more than one occasion, including in a crowded shopping mall the month prior.
Nonetheless, Taylor suggests that Bobby call on Lara on his way to work. Considering that Lara lives relatively close to his pharmacy, Bobby reluctantly agrees. Taylor prepares some food, which Bobby takes with him.
Arriving at Lara's apartment, Bobby glances into the window and sees Lara, looking much paler than usual, slumped in her chair. Not wanting to spark another argument, he decides to ring the doorbell and leave the food outside, together with a note saying that Lara should reach out to him and Taylor if she needs anything. Bobby also posts the following message on the family WhatsApp group:
Bobby: There's no cause for alarm. I've checked on Lara. She seems fine.
The following day, Lara's neighbour, a doctor, walks past Lara's apartment and notices the food and the note lying by the door. Peering through Lara's window, the doctor sees Lara sagging in her chair. After entering her apartment using a spare key hidden under the welcome mat, the doctor discovers that Lara is, in fact, unconscious in her armchair with a high fever, no sign of breathing, and no pulse. Unaware of Lara's severe haemophilia, the doctor performs CPR, triggering a massive internal bleed. Lara dies within a few minutes of the doctor's arrival.
Assess Bobby's liability for the death of Lara under s 18 of the Crimes Act 1900 (NSW).
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