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R v Kennedy

[2007] 3 WLR 612

Case summary last updated at 13/01/2020 15:37 by the Oxbridge Notes in-house law team.

Judgement for the case R v Kennedy

HL conclusion to Kennedy: One guy prepares a syringe of heroin and passes it to his friend, who injects it and dies. Unlawful and Dangerous Act was basis of appeal. Dismissed (i.e. Kennedy NOT GUILTY OF MANSLAUGHTER) because preparing a syringe did not “cause” V to take the drug. V was an independent individual, making a “free, deliberate and informed” decision. The decision of CA in Finlay, which convicted a person in identical situation as Kennedy is overruled. The Crown tried to claim that “administer” should be interpreted broadly and that Kennedy could be said to have “administered the drug”. This was rejected because the victim injected himself. 

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