Jill is a radiographer practicing in Galway who qualified in Britain. Jack, a medical practitioner, referred patients to her. In each case, Jack requested that Jill scan the patient’s abdomen. Jill scanned all the patients internally. She inserted the probe into the anuses of her patients, all of whom were male. Jack will testify that he did not expect internal scans and that external scans would have been sufficient. A consultant radiologist will testify that in her opinion external scans would have represented the best medical practice but that internal examination would not be considered medically unacceptable.
In a statement to the Gardaí, Jill admitted that the internal examinations of the patients were motivated by her anger against men in general. It also transpires that Jill’s license to practice had been suspended by the British professional body pending an investigation into similar conduct. She did not disclose this fact to her employers when she sought employment in Ireland. Is Jill guilty of an offense? [Note: Candidates may ignore any possible liability under legislation regulating radiographers]
Tom, a 25-year old carpenter, shares a house with three friends. Each has his or her own bedroom but the other facilities (bathrooms, kitchen, television room) of the house are used in common. Tom developed a relationship with Peggy-Sue, one of his housemates, and they regularly spent the night with one another in one of their bedrooms. One day, Tom went into Peggy-Sue’s bedroom to look for money to pay for his regular delivery of drugs.
In fact, Peggy-Sue had expressly forbidden him from taking her money, knowing the purpose to which he would put it. As it happened the purse was not in the bedroom but had been left on the kitchen table. On finding it there Tom opened the purse and took €100 from it. Is Tom guilty of burglary? Is Tom liable for any other criminal offense?