Legal Research Essay

Assessment Question

1. Read the Scenario below and applying the relevant case law and legislation write an essay the covers the following issues:

a) The charges Rita Keeler faces and the reasons for them
b) Relevant legislation
c) Relevant case law
d) Possible defences
e) Legal reasoning
f) Reasons for conviction
g) What happened on appeal and why?

2. Ensure that your work is correctly footnoted (OSCOLA) and that the Bibliography follows the correct format.

Rachael Flemming was a recovering drug user. She was barely 17 years old. After serving a four month sentence during which she underwent a programme of detoxification she was discharged under
licence. The condition of the licence was that she had to live with her mother and observe a curfew. Also, living in the same house was Flemming’s older half- sister, Rita Keeler. Both Flemming’s
mother and sister were themselves habitual drug users and heroin addicts.

One evening Keeler bought several packets of heroin from a local dealer, Ron Taylor. She passed some or all of it to Flemming who then injected herself with the drug. Flemming immediately became
ill displaying all the symptoms of heroin overdose. Keeler later told police that when she herself had suffered in a similar way she had been rescued by paramedics. However, when Flemming’s
temperature rose, her lips turned blue and she became unresponsive, instead of seeking medical help, the mother and daughter decided to put her to bed in the hope that she would recover
spontaneously. They did observe some improvement in her colour but were not alarmed by her state of unconsciousness since they believed her condition to be the normal effect of the drugs. The next
morning the mother woke Keeler to tell her that Rachael was dead. They called the emergency services who responded immediately. The paramedics concluded from an examination of the body that Rachael
had been dead for some time. The cause of death was poisoning by heroin.
Keeler was arrested and charged. Please advise Keeler.

Ensure that your essay discusses in detail the meaning of ‘duty of care’ in this context.
BASE ANSWER ON “R v Evans [2009] 2 Cr App R 10”

ALSO REFER TO GROSS NEGLIGENCE MANSLAUGHTER