R v Kennedy (On Appeal from the Court of Appeal (Criminal Division))

The appeal in R v Kennedy was heard by the House of Lords, with the central question being when it is appropriate to find someone guilty of manslaughter where they have supplied a class A drug that is then self-administered by the recipient, leading to their death. The appellant supplied heroin to the deceased, who then injected himself, resulting in his death. The appellant was convicted of manslaughter and the appeal challenged this conviction. The legal issues focused on whether the appellant's act of supplying the drug constituted an unlawful act that was a significant cause of the deceased's death under the principles of unlawful act manslaughter. The House of Lords examined the provisions of section 23 of the Offences against the Person Act 1861, which outlines the offences of administering, causing to be administered, or causing to be taken a noxious thing. The court found that the act of self-administration by the deceased, who was fully informed and responsible, broke the chain of causation and meant the appellant could not be held responsible for the death. The reasoning was grounded in the legal principle that an informed voluntary choice by the victim is a novus actus interveniens, which relieves the supplier of responsibility. The House of Lords concluded that in cases where a fully-informed and responsible adult self-administers a drug, the supplier cannot be guilty of manslaughter. The appeal was allowed, and the appellant's conviction for manslaughter was quashed.