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 is necessary for a sober and reasonable person to realise was that some risk of harm, albeit not serious harm, would result from his act. In this instance, an encouragement to inject carried with it the risk of some harm, even from the prick of the needle, never mind an injection of a lesser quantity of heroin than that which actually caused the death.
Citations:
[1998] EWCA Crim 2545, [1999] Crim LR 65
Jurisdiction:
England and Wales
Citing:
Distinguished – Regina v Dalby CACD 1982
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 . .
Cited – Attorney-General’s Reference (No 3 of 1994) HL 24-Jul-1997
The defendant stabbed a pregnant woman. The child was born prematurely and died. The attack had been directed at the mother, and the proper offence was manslaughter.
Held: The only questions which need to be addressed are (1) whether the act . .
Cited – 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 by:
Doubted – Regina v Rogers CACD 14-Mar-2003
The defendant appealed a conviction for manslaughter and assault under the 1861 Act. He held a belt around a friend’s arm whilst the friend injected heroin into his own vein. The friend later died from the overdose. He said the use of the tourniquet . .
First Appeal – 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 . .
Applied – 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 . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 11 May 2022; Ref: scu.155419