Men acquitted in overdose death despite owing victim duty of care
A judge found two men owed duty of care but their omissions weren't criminal negligence.
Rachel Ayuso died on June 13, 2022 after overdosing on heroin and alcohol. Two men, Braydon Hamilton and Kye Conlon, put her to bed at 5am but did not call emergency services until noon, when they found her unresponsive.
Judge Jennie Girdham found the men owed her a legal duty of care because they had transported and isolated her from help. However, Judge Jennie Girdham found their failure to call 000 did not amount to criminal negligence.
An ordinary person without medical training would not recognise snoring as a sign of overdose, the judge said. Experts said medical help might have saved her, but couldn't confirm this would have prevented her death.
The judge stressed that calling 000 is worth the risk of police involvement.
- June 13, 2022
- Death date
- 5am to 12.02pm, 7 hours
- Emergency delay
- Combined heroin and alcohol
- Cause of death
- Sydney's Downing Centre District Court
- Trial location
Why it mattersThe case shows that calling emergency services outweighs fears about police involvement when someone's life is at risk.
AustraliaAustralians should call 000 in an overdose situation without fearing legal consequences, the court has shown that saving a life outweighs legal risks.
