Dalby and O’Such were drug addicts. Dalby had obtained 32 tablets of Diconal lawfully. Dalby supplied O’Such with some tablets and probably certain further tablets during the evening. Each injected himself intravenously and they then went out shortly parting company. O’Such met another friend who helped him administer an intravenous injection of an unspecified substance, shortly before midnight, and later a second intravenous injection. When Dalby returned to the flat O’Such was already asleep and Dalby went to sleep himself. O’Such could not be woken. Mrs O’Such later called an ambulance, and the ambulance attendants found O’Such was dead.
Held: ‘the supply of drugs would itself have caused no harm unless the deceased had subsequently used the drugs in a form and quantity which was dangerous’. It was an act which made it possible that harm would occur subsequently. In the reported cases, the physical act has been one which inevitably would subject the other person to the risk of some harm from the act itself. In this case, the supply of drugs would itself have caused no harm unless the deceased had subsequently used the drugs in a form and quantity which was dangerous. Appeal allowed.
Citations:
[1982] 74 Cr App Rep 348, [1982] CLY 639, [1982] 1 WLR 425
Jurisdiction:
England and Wales
Cited by:
Distinguished – Regina v Kennedy CACD 31-Jul-1998
The defendant was convicted of manslaughter having handed a loaded a syringe with heroin and handed it to a friend who injected himself, and later died.
Held: The defendant had gone beyond the minimum necessary for criminal liability. All it . .
Explained – Regina v Goodfellow CACD 1986
The defendant had failed to get re-housed. He planned to burn down his present lodgings, rescuing the other inhabitants. Three died in his attempt. He appealed a conviction for manslaughter.
Held: The case was either an unlawful act or . .
Cited – Kennedy v Regina CACD 17-Mar-2005
The court considered when it was appropriate to find someone guilty of manslaughter where that person has been involved in the supply of a Class A controlled drug, which is then self administered by the person to whom it is supplied, and the . .
Cited – Regina v Dias CACD 13-Dec-2001
The defendant appealed against his conviction for manslaughter. Both the deceased and the defendant had injected themselves with syringes prepared by D. The judge directed the jury that the self-injection of the heroin by the deceased was an . .
Cited – Regina v Kennedy HL 17-Oct-2007
The defendant had been convicted of manslaughter. He had supplied a class A drug to a friend who then died taking it. The House was asked ‘When is it appropriate to find someone guilty of manslaughter where that person has been involved in the . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 12 May 2022; Ref: scu.180389
