Source: All England Reporter
Publisher Citation: [2002] All ER (D) 321 (Nov)
Court: Court of Appeal, Criminal Division
Judge:

Laws LJ, Newman J and Sir Richard Tucker

Representation Robert Davies QC (assigned by the Registrar of Criminal Appeals) for the defendant.
  Patrick Harrington QC and Geraint Walters (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 21 November 2002

Catchwords

Criminal law - Defence - Availability of defence - Manslaughter - Defendant injecting victim with insulin by consent - Judge ruling effectively no defence - Safety of conviction.

The Case

The defendant's conviction for manslaughter was safe because the judge had not erred in effectively ruling that the deceased's consent to the defendant's act was not a defence in the circumstances.

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