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landmarks in the common law

R v Kennedy No.2 (2007) HL

Emma Bradbury outlines a case that illustrates the criminal law of constructive manslaughter

Ingram

The criminal law of constructive manslaughter is a key topic for A2 law. This case also clarifies the law of causation, in particular the issue of ‘unreasonable action of the victim’, and can be used as an example of the House of Lords (now known as the Supreme Court) overruling the decision of the Court of Appeal in the AS topic of judicial precedent.

Simon Kennedy was living in a hostel. He went to visit Marco Bosque and Andrew Cody, who shared a room in the same hostel. The group were drinking and Bosque asked Kennedy for ‘a bit to help him sleep’. Kennedy prepared a syringe of heroin and gave it to Bosque, who injected the drug and returned the empty syringe to Kennedy. Bosque later died from choking on his own vomit.

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