You are a junior lawyer and work for a busy local law firm here in the ACT. Senior Partner has asked you to prepare a Memorandum of Advice to them,

The local ACT Hospital has had a busy day.

On Monday 13 October 2021, during visiting hours, Daniel arrived at the hospital to visit his

sibling, Lachlan, who was recovering from minor knee surgery. Daniel told Lachlan that while

they were being prepared for surgery, their partner Katherine had eloped with their best

friend, Andrew. Lachlan was outraged.

They immediately called Katherine and when she picked up, they swore at her and told her

"you just wait until I get my hands on you, not even this surgery will stop me, I will ensure no

person will ever want to look at you again". Ignoring the hospital staff and Daniel's protests,

Lachlan leapt from the bed and began to hobble towards their house (which was not far from

the hospital). On the way out, Lachlan ran past a food trolley and took a plastic fork "for

protection".

As Lachlan was running through the hospital, a security guard saw them and called the police.

Lachlan ran out of the hospital and upon hearing the police sirens, ran straight onto a

neighbouring property and through the open door of that house. The owner of this house,

Nicole, had just stepped outside to catch her pet pig Pepper, who had escaped onto the

street without a lead. Lachlan hid in the kitchen underneath the sink. Police searched the area

and witnesses on the street reported seeing them run inside the house.

Two police officers, carrying firearms as permitted by law, arrived at Nicole's house. The

officers paused at the open door to check whether it was all clear to enter, and then one

of them,Constable Barter, entered the house.

Suddenly Lachlan leapt out of the kitchen and ran towards Constable Barter, brandishing the

plastic fork. Constable Barter, knowing that the hospital escapee had taken something from

the hospital, but not quite able to make out that it was a plastic fork, promptly took out his

gun and shot Lachlan in the knee that had just received surgery, incapacitating them. Lachlan

fell to the floor, hitting their head on the corner of Nicole's marble benchtop and fell into a

coma. Lachlan has not awakened from their coma.

As soon as the call had gone out to the police, reporters from the Gazette of Skyphew, a local

newspaper, were on the scene, in the street in front of Nicole's house, as well as in a

helicopter which was hovering 20 meters directly above her house, filming the police

operation and making a considerable noise. Nicole returned to her house, pig in her arms, to

see Constable Barter leaving her property, the unconscious Lachlan being taken out in a

stretcher, and the helicopter hovering above her house. She was furious that all of this had

taken place in her home which she revered as her sanctuary.

Meanwhile and back at the ACT Hospital, Dr Shingles was getting ready for a surgery. He

saw his old friend and mentor, Dr Pox, entering the locker room. Shingles had not seen Pox in

some time and was overjoyed to see him again. He approached him from behind and slapped

him on the back with such force that Pox toppled over. This caused him to fall over, breaking

his glasses and scratching his hand. Shingles was mortified and promised to get Pox a free

pair of new glasses through his optometrist connections. Pox did not care so much about the

glasses as he did about the shoulder pain and the cut he has as a result of the forceful slap.

On the other side of the hospital, in the orthopaedics department, Dr Measles was having

some difficulty examining Thomas, a profoundly energetic four-year-old who had a serious

problem with his ankle. Thomas would simply not sit still and was waving his arms about,

almost knocking over medical equipment. His mother, Susan, had to leave the room

temporarily just to take an important phone-call. Upon her return to the room, she

discovered an exasperated Dr Measles slumped in his chair and there was a loud banging

coming from the wardrobe. Susan unlocked the wardrobe, and out leapt Thomas. Thomas

was visibly distressed and started running frantically around the room. Dr Measles explained

to Susan that he had had no choice but to lock the child in the wardrobe, for his own safety,

as he could not control him; it was for less than a minute, and the wardrobe was larger than

normal, and had a light inside it.

Dr Measles feared Thomas would injure himself which is why he locked the child in the

wardrobe. Susan was enraged and was already considering how best to sue Dr Measles for

this most heinous action.

Dr Measles, anxious about the impending lawsuit, decided to go outside and smoke a

cannabis joint which he keeps for anxiety spikes. As he stepped outside to smoke, his

colleague Dr Scratch came around the corner and inhaled the smoke from Dr Measles' joint.

Being allergic to cannabis, Dr Scratch immediately started have difficulty breathing. Realising

what had happened, Dr Measles, with his nerves already on edge, fainted from the stress and

it was some time before someone entered the outdoor area and came to Dr Scratches aid.

Discuss the likelihood of success of any possible actions in trespass that arise from these

facts. you will need to discuss negligence but are not to include

discussion on remedies or damages.