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 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.
[1998] EWCA Crim 2545, [1999] Crim LR 65
England and Wales

  • 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 . .
    [1982] 74 Cr App Rep 348, [1982] CLY 639, [1982] 1 WLR 425
  • 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 . .
    Gazette 24-Sep-97, [1998] 1 Cr App Rep 911, [1997] UKHL 31, [1998] AC 245, [1997] 3 All ER 936, [1997] 3 WLR 421, [1997] Crim LR 829, Times 25-Jul-97
  • 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 . .
    [1986] 83 Cr App Rep 23

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 . .
    Times 20-Mar-03, Gazette 15-May-03, [2003] 1 WLR 1374
  • 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 . .
    [2005] EWCA Crim 685, Times 06-Apr-05, [2005] 1 WLR 2159
  • 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 . .
    [2002] 2 Cr App R 96, [2001] EWCA Crim 2986, [2001] All ER (D) 198

These lists may be incomplete.
Updated: 08 December 2020; Ref: scu.155419