Crime XXXXXV – Constructive Manslaughter XIV – The Unlawful Act XIII
The
classification of the drug may be crucial in determining if whether a defendant
is convicted for constructive manslaughter or otherwise. Judges may be more
lenient when the drugs that are the cause of the death do not fall into the
category of class A drugs.
In
R v Kennedy (1999) the defendant supplied the drug, prepared the solution and
handed it to the victim in a syringe. The victim injected himself with the
solution and later died as a result. The drug that was involved was a class A
drug (heroin). The defendant was tried and convicted for constructive
manslaughter or unlawful act manslaughter and the defense appealed on the
grounds that the defendant supplied and prepared the solution but did not
administer it.
The
appeal was dismissed and the conviction was upheld. The decision is in line
with the decision in R v Cato (1976) and the class of drug that is concerned
plays an important role in determining if the conviction remains or otherwise.
With
regards to causing the death of the victim, where the defendant's act plays a
significant role in bringing about the death, in this instance the defendant
prepared the syringe and handed it to the victim, he may be held to be jointly
responsible for the death.
Copyright
© 2019 by Dyarne Ward
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