We have published over 500 criminal law case studies. All cases were handled by our expert criminal lawyers and range from contested matters, appeals, BailTheft Offence Case StudiesDrivingSexual Offences
We have published over 500 criminal law case studies. All cases were handled by our expert criminal lawyers and range from contested matters, appeals, Theft Offence Case StudiesBailDrivingSexual Offences
Duty of Care – Drugs Supply – Gross Negligence Manslaughter
The victim was a drug addict.
Her half sister obtained drugs from a dealer and supplied them to the victim.
The victim overdosed and died.
Evans was charged and convicted of gross negligence manslaughter.
The Court of Appeal held that Evans owed a duty of care to the victim to seek help for her.
The duty owed was to counteract the situation which E.
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Facts
The defendant, Bree (B), visited his brother and went for an evening out with him and others, including the complainant (C).
All present consumed considerable quantities of alcohol, before returning to B’s brother’s home.
Whilst C’s memory from this point is poor, she recalls vomiting.
Her next memory is of her and B having sexual intercourse.
C co.
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Held
The Court of Appeal upheld B’s appeal on two grounds.
First, where a person loses their capacity to consent due to intoxication, they indeed cannot consent.
However, it is possible that a person may be voluntarily heavily inebriated, and still have the capacity to consent.
Secondly, the first instance Court failed to properly direct the jury as to .
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Issue
B appealed his conviction for rape under the Sexual Offences Act 2003, s.1. on the grounds that that at first instance the Court had not clarified to the jury that a person may still be capable of consenting under the Sexual Offences Act 2003, s.74, even where they were voluntarily heavily intoxicated.
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Unlawful Act Manslaughter – Causation – Drug Dealers / Suppliers
Kennedy prepared a syringe for the victim, who injected himself and died of an overdose.
Following several earlier cases, Kennedy was convicted of unlawful act manslaughter.
However, the reasoning ignored the problem of causation.
Generally speaking, where a third party acts in a free, voluntary and informed way and causes the result, this will bre.
