One of the residents has woken up and is heading toward the kitchen next to the lockers. He recognises David who grabs him by the throat and says, ‘don’t you ever tell anyone I was here Ok?

Criminal Law

Please read the following facts:
Anna and David are employed to care for residents of a shared support facility for persons with intellectual disabilities. As part of their responsibilities, Anna and David take residents on outside activities. One day, when they have been allocated caring for Brendan for the day, Anna and David take Brendan to a local soccer game. David is also the field referee, which means that Anna is Brendan’s sole carer for the duration of the game. At the start of the game, Brendan needs to visit the men’s toilet. Anna takes Brendan to the men’s changing rooms and waits outside. While Brendan was inside the changing room, he is thirsty and decides to drink from a water bottle standing next to the bag of one of the players. The bottle, however, contains a cleaning fluid used for equipment and is highly poisonous. There is a handwritten label on the bottle with a skull and cross bones and the word ‘POISONOUS’ written on it but Brendan is unable to read. It is immediately apparent that Brendan is not feeling well when he emerges from the changing rooms. When Anna asks him what was wrong, Brendan says he has pains in his stomach after he drank something ‘yukky’ in the changing rooms.
Anna presumes that Brendan has a gastric condition and gives him water to drink, saying that they will go to a doctor once the game is over if Brendan still feels sick. Anna does not ask Brendan what he has had to drink. Brendan’s condition worsens and 30 minutes later, Anna consults David at half time. David suggests that they see the club doctor, who is watching the game. There is a large crowd at the game, and it takes Anna at least 15 minutes to find the doctor. The doctor sends someone to retrieve the bottle Brendan drank from in the changing room, takes one look at the label and then calls an ambulance. Brendan begins to suffer from seizures while they wait for the ambulance and dies shortly after arrival at hospital. A medical examination reveals that Brendan would have survived if he had received medical treatment shortly after consuming the poison.
Anna and David have been suspended with no pay from their jobs at the shared support facility while there is an internal investigation into Brendan’s death. As this may take a while, they are told they can come and collect their belongings at any time. David has heavy mortgage payments and needs money. He knows that a large amount of cash is held at the care facility in a safe in the manager’s office to pay for the day-to-day needs of the residents.
One night, David uses his key to enter through the back door while everyone is sleeping. The manager’s door is locked and his key does not fit. He removes a ceiling panel in the hallway outside and uses a chair to hoist himself into the ceiling space. When he judges himself to be just above the office, he removes another ceiling panel and jumps down onto the manager’s desk. He knows the combination of the safe and opening it, he removes all the cash. He also takes a ladies’ handbag, and places it on the desk intending to see if there was any money inside. He starts to open it when his attention is diverted by papers in a nearby rubbish bin with his name attached.
These are draft recommendations resulting from the inquiry and are marked ‘confidential’. David decides to read these at home so he removes the papers and closes the safe. Forgetting the bag on the desk, he leaves the room the same way, replacing the panels and walks down the hall to his locker where he collects his personal belongings. One of the residents has woken up and is heading toward the kitchen next to the lockers. He recognises David who grabs him by the throat and says, ‘don’t you ever tell anyone I was here Ok? I’ll fix you up if you do.’ He then orders the resident to give him all the money that he has in his bedroom. David then leaves the building.

You are required to write a response to this scenario using any relevant cases and legislation advising Anna and David as to their respective criminal liability for any offences.