Did they have a duty to help? Judge weighs manslaughter case over Ayuso's death
Judge Jennie Girdham will decide whether two men breached a duty of care to Rachel Ayuso.
Rachel Ayuso was unconscious when two Wollongong men carried her to a bedroom early on June 13, 2022. She never woke up.
Hamilton and Conlon, both 29, did not call for help. Ayuso, a 30-year-old mother, died from the combined effects of drugs and alcohol.
Expert evidence suggested she had been dead for at least two to four hours by the time emergency services arrived at 12.02pm. The Crown argued the men assumed a duty of care when they moved her from a public place and took her home.
It says they should have protected her airway, called an ambulance, or performed CPR. Both men pleaded not guilty to manslaughter.
The defence argues that a reasonable untrained person might mistake respiratory distress for snoring or intoxication. Judge Girdham will deliver her verdict in November.
- June 13, 2022
- Date of death
- 12.02pm
- Time emergency arrived
- 2 to 4 hours
- Hours dead before help
- Hamilton's home in Oak Flats
- Location
Why it mattersThe case will help define what bystanders legally owe to unconscious people in emergencies.
AustraliaNSW court decision will set precedent for duty of care in bystander situations across Australia.
✓ Claims checked against the source and corrected before publish. checked 3 h ago
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